WellGear Pty Ltd

[2023] FWCA 1824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WellGear Pty Ltd

(AG2023/1655)

WELLGEAR BASSIAN PLAIN ENTERPRISE AGREEMENT 2023

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2023

Application for approval of the WellGear Bassian Plain Enterprise Agreement 2023

WellGear Pty Ltd has made an application for approval of an enterprise agreement known as the WellGear Bassian Plain Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 21 June 2023 and, in accordance with s 54, it will operate from 28 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WellGear Pty Ltd recently sought approval of the WellGear Bassian Plain Enterprise Agreement 2023 from the Fair Work Commission (FWC). The applicant, a company involved in the agriculture industry, aimed to have the agreement, which it had negotiated with the Rural Workers Union, recognised and enforced. The dispute centred around the terms and conditions of employment under the proposed agreement.

The legal issues the FWC had to address included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning employee entitlements, wages, and the process by which the agreement was negotiated. The FWC also needed to determine if the agreement was in the best interests of the employees and whether it met the criteria for being a simple, fair, and effective enterprise agreement.

In its decision, the FWC examined the process of negotiation and the content of the agreement. The FWC determined that the agreement was made in good faith and that the process followed was fair and reasonable. The FWC found that the terms of the agreement were consistent with the legislative framework and did not disadvantage the employees. Consequently, the FWC approved the agreement, finding it to be a simple, fair, and effective enterprise agreement that met all the necessary criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established