DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wespine Industries Pty Ltd
(AG2018/2809)

WESPINE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 JANUARY 2019

Application for approval of the Wespine Industries Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wespine Industries Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wespine Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 January 2019 and, in accordance with s.54, will operate from 25 January 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Wespine Industries Pty Ltd sought approval of the Wespine Industries Pty Ltd Enterprise Agreement 2018. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The commission was tasked with determining whether the agreement was fair and bargainable, and if it complied with the relevant provisions of the act.

The legal issues at hand included whether the agreement was genuinely negotiated and whether it contained the minimum terms and conditions required by law. The commission also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, and whether it provided for adequate dispute resolution mechanisms. Another key issue was whether the agreement included provisions that were not consistent with the national workplace relations system.

After thorough consideration, the commission found that the agreement was genuinely negotiated and contained all the minimum terms and conditions. It concluded that the agreement was fair and bargainable, and that it complied with all relevant provisions of the act. The commission noted that the agreement included appropriate dispute resolution mechanisms and did not contain any provisions that were inconsistent with the national workplace relations system. Based on these findings, the commission approved the Wespine Industries Pty Ltd Enterprise Agreement 2018.

Wespine Industries 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