DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wenco Pty Ltd T/A Wenco Pty Ltd
(AG2018/3461)

WENCO PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 FEBRUARY 2019

Application for approval of the Wenco Pty Ltd Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wenco Pty Ltd Agreement 2018 (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 T/A Wenco Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 20 February 2019 and, in accordance with s.54, will operate from 27 February 2019. The nominal expiry date of the Agreement is 20 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wenco Pty Ltd, trading as Wenco Pty Ltd, applied to the Fair Work Commission for approval of the Wenco Pty Ltd Agreement 2018. The applicant, Wenco, is an employer in the engineering and construction industry. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly regarding its coverage and the procedural fairness in its creation.

The legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements of the Act and whether it contained all the mandatory terms as prescribed by the Act. A specific concern was whether the agreement had been appropriately certified by the Fair Work Commission and if it complied with the minimum standards set out in the Act.

The Fair Work Commission found that the agreement had been appropriately certified and that all procedural requirements had been met. The Commission also determined that the agreement contained all the mandatory terms and met the minimum standards required by the Act. The Commission approved the agreement, noting that it provided for fair and reasonable terms for the employees covered by the agreement.

No further orders were made by the Commission as the agreement was found to be in compliance with the requirements of the Fair Work Act 2009. The approval of the Wenco Pty Ltd Agreement 2018 was therefore granted.

Wenco Pty Ltd T/A 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