DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WENCO Pty Ltd
(AG2015/4679)

WENCO PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the WENCO Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the WENCO Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WENCO Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 24 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WENCO Pty Ltd, an employer, sought approval of an enterprise agreement with its employees represented by the Electrical Trades Union of Australia. The union sought to have the agreement approved under section 176 of the Fair Work Act 2009. The application was heard in the Fair Work Commission. The union argued the agreement contained terms that met the "better off overall" test, while the employer contended that certain terms did not meet the test.

The court needed to determine whether the agreement complied with the statutory requirements under the Fair Work Act 2009, specifically whether the agreement was in the interests of the employees, and whether it was "better off overall." This involved examining the terms of the agreement to assess whether they provided employees with improved conditions compared to their previous entitlements.

The Fair Work Commission found that the agreement met the "better off overall" test. It considered the overall benefits to the employees, including improved wages and conditions, and concluded that the agreement was in the interests of the employees. The Commission noted that the agreement provided for a wage increase, additional leave entitlements, and improved shift penalties, which outweighed any potential disadvantages. Consequently, the Commission approved the application and the enterprise agreement was registered.

The Fair Work Commission approved the application for the registration of the WENCO Pty Ltd Enterprise Agreement 2015. The agreement was registered under section 176 of the Fair Work Act 2009, and the terms of the agreement became legally binding on the employer and employees.

WENCO Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established