DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WESPINE Industries Pty Ltd
(AG2015/2452)

WESPINE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 APRIL 2015

Application for approval of the Wespine Industries Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wespine Industries Pty Ltd Enterprise Agreement 2015 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 27 April 2015 and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date of the Agreement is 24 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WESPINE Industries Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Wespine Industries Pty Ltd Enterprise Agreement 2015. The applicant, Wespine Industries, sought approval for the agreement under the Fair Work Act 2009. The nature of the dispute revolved around whether the agreement met the requirements for approval as set out in the Act, including the consideration of whether the agreement provided for fair and reasonable terms and conditions of employment.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory criteria for approval. This involved assessing whether the agreement was free from prohibited content, provided for terms and conditions that were fair and reasonable, and adhered to the procedural requirements outlined in the Fair Work Act. Additionally, the Commission needed to determine whether the agreement appropriately addressed the bargaining needs of the parties and complied with the good faith bargaining obligations.

In reaching its decision, the Commission examined the provisions of the agreement, the evidence presented by both parties, and the relevant statutory framework. The Commission found that the agreement did not meet the statutory criteria for approval as it contained provisions that were considered not to be fair and reasonable. Specifically, the Commission identified issues with certain provisions relating to the classification and remuneration of employees, which it deemed to be discriminatory. Consequently, the application for approval of the Wespine Industries Pty Ltd Enterprise Agreement 2015 was dismissed.

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