Wesbeam Pty Ltd T/A Wesbeam

[2023] FWCA 254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wesbeam Pty Ltd T/A Wesbeam

(AG2022/5564)

WESBEAM PTY. LTD. ENTERPRISE AGREEMENT (WESTERN AUSTRALIAN OPERATIONS) 2022 – 2026

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 JANUARY 2023

Application for approval of the Wesbeam Pty. Ltd. Enterprise Agreement (Western Australian Operations) 2022 – 2026

Wesbeam Pty Ltd T/A Wesbeam (the Applicant) has made an application for the approval of an enterprise agreement known as the Wesbeam Pty. Ltd. Enterprise Agreement (Western Australian Operations) 2022 – 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 27 January 2023 and, in accordance with s 54, will operate from 3 February 2023. The nominal expiry date of the Agreement is 8 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wesbeam Pty Ltd, trading as Wesbeam, sought approval of an enterprise agreement affecting its Western Australian operations from 2022 to 2026. The application was before the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval. The dispute involved the specifics of the proposed agreement and whether it complied with the Fair Work Act 2009.

The central legal issues focused on whether the enterprise agreement satisfied the requirements of the Fair Work Act, particularly concerning the process by which the agreement was formed and its content. Key considerations included whether the agreement was made in good faith, whether it was properly negotiated, and whether it included all the necessary terms and conditions. Additionally, the court needed to assess whether the agreement unfairly disadvantaged any party and if it met the standards of procedural fairness.

The Fair Work Commission found that the enterprise agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and was the product of proper negotiation. It also determined that the agreement contained all the required terms and conditions and did not unfairly disadvantage any party. The Commission concluded that the agreement complied with the procedural fairness requirements and was therefore eligible for approval.

The Fair Work Commission approved the Wesbeam Pty Ltd Enterprise Agreement (Western Australian Operations) 2022 – 2026, affirming that it met all the legal standards for such agreements. The decision ensures that the terms of the agreement will govern the employment conditions of the affected workers for the specified period, providing clarity and certainty in their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established