| [2023] FWCA 160 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wesbeam Pty Ltd T/A Wesbeam
(AG2022/5500)
WESBEAM PTY LTD & CFMMEU ENTERPRISE AGREEMENT (VICTORIAN OPERATIONS) 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 17 JANUARY 2023 |
Application for approval of the Wesbeam Pty Ltd & CFMMEU Enterprise Agreement (Victorian Operations) 2022
An application has been made for approval of an enterprise agreement known as the Wesbeam Pty Ltd & CFMMEU Enterprise Agreement (Victorian Operations) 2022 (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 Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 17.2.4 – Compassionate Leave
· Clause 17.2.5 – Compassionate Leave
However, noting clause 4.1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518908 PR749736>
- AGLC
- Wesbeam Pty Ltd T/A Wesbeam [2023] FWCA 160
- Case
- [2023] FWCA 160
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement met the procedural requirements for certification, such as the genuineness of the agreement and the procedural fairness in its formation. Additionally, the Commission had to assess whether the terms of the agreement were consistent with the Fair Work Act, including the compliance with the protected action provisions and the preservation of the employee's rights to protected industrial action. The Commission also considered whether the agreement unfairly disadvantaged any group of employees and if it complied with the safety net provisions.
The Fair Work Commission, after reviewing the submissions and the evidence presented, found that the proposed enterprise agreement was genuinely agreed upon by the parties involved and was procedurally fair. The Commission noted that the agreement met the statutory requirements under the Fair Work Act and did not unfairly disadvantage any employees. Furthermore, the terms of the agreement were consistent with the protected action provisions and did not undermine the employees' rights to engage in protected industrial action. The Commission concluded that the agreement provided appropriate safety net protections and was therefore approved.
The Fair Work Commission approved the Wesbeam Pty Ltd & CFMMEU Enterprise Agreement (Victorian Operations) 2022, certifying it as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to be in effect, governing the terms and conditions of employment for the employees covered by the agreement.
Orders
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Background
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Evidence
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Decision
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