Werner Co Australia Pty Ltd

[2014] FWCA 3919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Werner Co Australia Pty Ltd
(AG2014/5911)

WERNER CO AUSTRALIA PTY LTD (RICHLANDS MANUFACTURING) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the Werner Co Australia Pty Ltd (Richlands Manufacturing) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Werner Co Australia Pty Ltd (Richlands Manufacturing) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Werner Co Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 1 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Werner Co Australia Pty Ltd recently sought approval of the Enterprise Agreement 2014 with Richlands Manufacturing under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to decide whether the agreement met the requirements of the Act. The primary issue was whether the agreement complied with the provisions of section 234 of the Act, which mandates that certain employees must be given the opportunity to be represented by a union in the agreement approval process.

The court found that the agreement did not provide for the necessary union representation, as required by the Act. This was a significant point of contention, as the absence of union representation could potentially affect the fairness and adequacy of the agreement. The court held that without the opportunity for union representation, the agreement could not be approved as it did not meet the statutory criteria. This decision underscored the importance of union involvement in enterprise agreements, particularly when it comes to ensuring that employees' rights and interests are adequately protected.

The court's reasoning was based on a strict interpretation of the Act, which prioritises the inclusion of union representation in the agreement approval process. The outcome was that the application for approval of the Enterprise Agreement 2014 was dismissed. The decision highlighted the importance of compliance with statutory requirements and the role of unions in the enterprise agreement process. The court's decision provided clarity for future agreements, emphasising the necessity of union representation to meet the statutory criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established