DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Engineering Pty Ltd
(AG2021/6326)

WESLEY ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 AUGUST 2021

Application for approval of the Wesley Engineering Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Wesley Engineering Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wesley Engineering Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 16 August 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020 and the Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 17 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Wesley Engineering Pty Ltd sought approval of the Wesley Engineering Pty Ltd Enterprise Agreement 2021. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application on various grounds. The primary concern was whether the agreement complied with the statutory requirements of the Fair Work Act 2009, specifically concerning the protection of employees' rights and the process for negotiation and agreement. The case was brought before the Commission to determine the validity of the enterprise agreement and its compliance with the legislative framework governing industrial relations in Australia.

The legal issues central to this case revolved around the negotiation process and the contents of the agreement itself. The CFMEU argued that the agreement did not meet the necessary standards for fair and genuine negotiation as required by the Act. They contended that the process was flawed and that certain provisions of the agreement adversely affected employee rights and protections. The Commission had to examine the evidence and arguments presented by both parties to ascertain whether the agreement was indeed the product of a fair negotiation process and whether it complied with the statutory obligations set forth in the Fair Work Act.

The Commission considered the evidence presented regarding the negotiation process, the fairness of the agreement, and its compliance with the statutory requirements. It was determined that the negotiation process was conducted in good faith and that the agreement was the result of genuine negotiations between the parties. The contents of the agreement were also scrutinized to ensure they did not unfairly disadvantage employees. Ultimately, the Commission found that the agreement met the necessary standards for approval. It concluded that the agreement was fair and balanced and complied with the statutory requirements, thus granting the application for approval.

Accordingly, the Fair Work Commission approved the Wesley Engineering Pty Ltd Enterprise Agreement 2021, dismissing the objections raised by the CFMEU. The Commission's decision was based on the evidence that the agreement was the result of a fair negotiation process and that it complied with the statutory obligations under the Fair Work Act. The approved agreement will now govern the employment terms and conditions for the employees of Wesley Engineering Pty Ltd.

Wesley Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established