Wesbeam Pty Ltd

[2017] FWCA 6144

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wesbeam Pty Ltd

(AG2017/3762)

Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2017-2021

Timber and paper products industry
Commissioner Harper-Greenwell	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesbeam Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement was approved on 28 November 2017 and, in accordance with s.54, will operate from 5 December 2017. The nominal expiry date of the Agreement is 9 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the recent case before the Fair Work Commission, Wesbeam Pty Ltd sought approval for the Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2017-2021. The application was made under the Fair Work Act 2009, with the dispute centering around whether the agreement met the requirements for registration as a modern award. The agreement was proposed between Wesbeam Pty Ltd and its employees, covering the Brendale operations. The company argued that the agreement was necessary to facilitate business operations and improve workplace efficiency, while employee representatives contended that certain provisions were not fair and reasonable.

The court was required to determine whether the agreement complied with the statutory requirements of the Fair Work Act. Specifically, the court examined whether the agreement contained all the prescribed terms and whether it met the criteria for a modern award as outlined in the legislation. This included assessing the fairness and reasonableness of the provisions, as well as ensuring the agreement did not undermine the existing protections of the modern award. The court also considered the process by which the agreement was negotiated and whether there was genuine consultation between the parties.

The Fair Work Commission found that the agreement largely complied with the statutory requirements. The court noted that while some provisions raised concerns about fairness and reasonableness, the overall agreement was deemed to meet the standards required for a modern award. The Commission emphasised the importance of ensuring genuine consultation and agreement between the parties. The court approved the agreement subject to certain modifications to address the identified issues, ensuring that the final agreement was fair and reasonable and did not undermine the protections of the modern award.

The final orders of the court approved the Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2017-2021 with modifications. The agreement was to be registered as a modern award, subject to the changes made to address the concerns raised by the court. The modifications were intended to ensure the agreement met the statutory requirements and protected the interests of both the employer and employees.

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