Wesbeam Pty Ltd Summary

[2022] FWCA 3109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wesbeam Pty Ltd

(AG2022/3246)

Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2022 – 2026

Timber and paper products industry
COMMISSIONER SPENCER	BRISBANE, 16 SEPTEMBER 2022

Application for approval of the Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2022 – 2026

An application has been made for approval of an enterprise agreement known as the Wesbeam Pty Ltd Brendale Operations Enterprise Agreement 2022 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wesbeam Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wesbeam Pty Ltd, sought approval from the Fair Work Commission for an enterprise agreement, the Brendale Operations Enterprise Agreement 2022 – 2026. The respondent, the Australian Manufacturing Workers’ Union, did not oppose the application but raised concerns about certain provisions of the agreement. The application was heard in the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under section 230 of the Fair Work Act. This involved assessing whether the agreement contained the necessary good faith bargaining provisions, whether it was free from prohibited content, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also needed to consider the union's concerns about certain provisions of the agreement, including those related to pay rates, hours of work, and redundancies.

The Fair Work Commission found that the agreement was made in good faith, contained no prohibited content, and complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and employees, and that it included provisions for the resolution of disputes and the protection of employees' rights. The Commission also found that the union's concerns about certain provisions of the agreement were not sufficient to prevent the agreement from being approved. The Commission approved the application and registered the agreement.

The Fair Work Commission approved the Brendale Operations Enterprise Agreement 2022 – 2026, finding that it met the requirements for approval under the Fair Work Act. The agreement will now be in force and binding on the employer and employees covered by the agreement. The Commission's decision provides clarity on the requirements for the approval of enterprise agreements and sets a precedent for future agreements in the industry.

Wesbeam Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established