DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Pumping Services Pty Ltd
(AG2017/178)

WEST COAST PUMPING SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2017

Application for approval of the West Coast Pumping Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the West Coast Pumping Services Pty Ltd 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 West Coast Pumping Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 22 March 2017 and, in accordance with s.54, will operate from 29 March 2017. The nominal expiry date of the Agreement is 22 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE

CaseChat Overview and Summary

West Coast Pumping Services Pty Ltd applied to the Fair Work Commission for approval of the West Coast Pumping Services Pty Ltd Enterprise Agreement 2017. The applicant sought to finalise the agreement under section 230 of the Fair Work Act 2009 to ensure that the terms and conditions of employment for its employees were legally binding. The primary dispute arose from the terms of the agreement, particularly those concerning pay rates, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Commission involved assessing whether the agreement met the requirements for approval under the Fair Work Act. This included verifying that the agreement was a genuine enterprise agreement, that it had been made in good faith, and that it contained the necessary minimum terms. The Commission also needed to determine whether the agreement complied with the "better off overall test" (BOOT), ensuring that the employees were not worse off financially under the new agreement compared to their previous terms.

The Commission found that the agreement was a genuine enterprise agreement made in good faith, and it contained all the required minimum terms. The Commission also concluded that the agreement passed the better off overall test. The agreement provided for fair and reasonable terms and conditions of employment, including appropriate pay rates and leave entitlements, and it included effective dispute resolution mechanisms. The Commission approved the agreement, finding that it met all the statutory requirements.

The final orders of the Commission included the approval of the West Coast Pumping Services Pty Ltd Enterprise Agreement 2017, which would now be legally binding on the parties involved. The agreement was to be registered with the Fair Work Commission and would come into effect from a date specified in the agreement.

West Coast Pumping Services 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