Wesbeam Pty Ltd

[2013] FWCA 2921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wesbeam Pty Ltd
(AG2013/860)

WESBEAM PTY LTD QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2012

Timber and paper products industry
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2013

Application for approval of the Wesbeam Pty Ltd Queensland Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wesbeam Pty Ltd Queensland Operations Enterprise Agreement 2012 (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.

[2] 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 is approved. In accordance with s.54(1) it will operate from 17 May 2013. The nominal expiry date of the agreement is 8 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesbeam Pty Ltd, an applicant, applied for the Fair Work Commission's approval of the Wesbeam Pty Ltd Queensland Operations Enterprise Agreement 2012. The applicant sought to have the agreement declared as a registered agreement under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers Union, which raised several objections regarding the agreement's compliance with the Fair Work Act. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the procedural and substantive requirements for registration. The procedural requirements include proper bargaining, while substantive requirements involve provisions such as minimum wages, maximum hours, and other employment conditions. The Commission also considered whether the agreement was made in good faith and whether it provided for a proper balance of rights and obligations.

In assessing the application, the Commission examined the bargaining process and the content of the agreement. The Commission found that the bargaining process was conducted in good faith and that the agreement met the procedural requirements. Regarding the substantive provisions, the Commission noted that the agreement provided for a reasonable balance of rights and obligations. The Commission also found that the agreement complied with the minimum standards set out in the relevant award and did not contain any provisions that were contrary to public policy. Consequently, the Commission approved the agreement, finding that it met all the necessary criteria for registration.

The Fair Work Commission approved the Wesbeam Pty Ltd Queensland Operations Enterprise Agreement 2012, declaring it a registered agreement under the Fair Work Act. The Commission's decision confirmed the agreement's validity and effectiveness, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between the applicant and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established