Wesfarmers Kleenheat Gas Pty Ltd

[2017] FWCA 6746

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wesfarmers Kleenheat Gas Pty Ltd

(AG2017/5816)

Wesfarmers Kleenheat Maintenance Workshop Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Gregory	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Wesfarmers Kleenheat Maintenance Workshop Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Wesfarmers Kleenheat Maintenance Workshop Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesfarmers Kleenheat Gas 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 is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 14 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

Wesfarmers Kleenheat Gas Pty Ltd sought approval of the Wesfarmers Kleenheat Maintenance Workshop Enterprise Agreement 2017. The application was heard in the Fair Work Commission, with the respondent, the Transport Workers Union of Australia, objecting to the terms of the proposed agreement. The union argued that certain provisions were contrary to public policy or not genuinely agreed upon.

The primary issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly with respect to the union's objection that certain terms were not genuinely agreed upon and contravened public policy. The Commission examined the process by which the agreement was negotiated and the content of the contested clauses to determine if there was genuine agreement and if the terms complied with relevant laws and public policy.

The Commission found that the agreement was genuinely negotiated and agreed upon, and that the provisions in question did not contravene public policy. The Commission noted that the union had participated in the negotiation process and had not raised any objections to the specific clauses at the time of negotiation. Furthermore, the terms were consistent with the broader legal framework and public policy objectives. Consequently, the Commission approved the agreement.

The Fair Work Commission granted approval for the Wesfarmers Kleenheat Maintenance Workshop Enterprise Agreement 2017, dismissing the union's objections. The decision underscores the importance of genuine negotiation and adherence to legal and public policy standards in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established