Wesfarmers Kleenheat Gas Pty Ltd

[2017] FWCA 5675

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wesfarmers Kleenheat Gas Pty Ltd

(AG2017/3614)

Wesfarmers Kleenheat Gas Pty Ltd Kwinana Depot Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Wesfarmers Kleenheat Gas Pty Ltd Kwinana Depot Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Wesfarmers Kleenheat Gas Pty Ltd Kwinana Depot 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.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2017. The nominal expiry date of the Agreement is 8 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Wesfarmers Kleenheat Gas Pty Ltd applied for the approval of the Wesfarmers Kleenheat Gas Pty Ltd Kwinana Depot Enterprise Agreement 2017. The agreement was made between the company and the Transport Workers Union of Australia, acting on behalf of certain employees. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue was whether the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court had to determine if the agreement was made in good faith and if it was free from any improper influence or coercion. The court also examined whether the agreement complied with the statutory requirement for direct communication with employees and if the employees had an opportunity to be directly involved in the agreement's development.

The Fair Work Commission found that the agreement contained all the necessary minimum terms and conditions and was made in good faith. The court concluded that the agreement was not influenced by any improper factors and that employees had an opportunity to be directly involved in the agreement's development. The Commission approved the agreement, noting that it met the statutory requirements under the Fair Work Act. The company's application for approval was therefore granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established