Westerfeld Engineering Pty Ltd T/A Westerfeld Engineering

[2022] FWCA 826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Westerfeld Engineering Pty Ltd T/A Westerfeld Engineering

(AG2022/338)

Westerfeld Engineering Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 MARCH 2022

Application for approval of the Westerfeld Engineering Pty Ltd Enterprise Agreement 2022

Westerfield Engineering Pty Ltd T/A Westerfeld Engineering has made an application for the approval of an enterprise agreement known as the Westerfeld Engineering Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 Agreement was approved on 9 March 2022 and, in accordance with s 54, will operate from 16 March 2022. The nominal expiry date of the Agreement is 16 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Westerfeld Engineering Pty Ltd, trading as Westerfeld Engineering, applied for approval of the Westerfeld Engineering Pty Ltd Enterprise Agreement 2022. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval. The agreement was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement failed to meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission needed to consider whether the agreement was made in good faith, whether it was free from coercion or undue influence, and whether it provided for the appropriate minimum terms and conditions of employment. The CFMEU argued that the agreement did not adequately protect the rights and interests of employees and failed to comply with certain provisions of the Act.

The Commission found that the agreement was made in good faith and was free from coercion or undue influence. While the CFMEU raised concerns about certain aspects of the agreement, the Commission determined that the agreement provided for the appropriate minimum terms and conditions of employment and was in the best interests of the employees. The Commission noted that the agreement provided for a number of benefits for employees, including improved pay rates, increased leave entitlements, and better working conditions. The Commission also found that the agreement was consistent with the principles of the Fair Work Act and did not undermine the rights and interests of employees.

The Commission approved the Westerfeld Engineering Pty Ltd Enterprise Agreement 2022, and the agreement is now in effect. The approval is subject to the agreement being registered with the Fair Work Commission, and the parties are required to comply with the terms of the agreement. The decision of the Commission is final and binding on the parties, and any disputes arising under the agreement must be resolved in accordance with the procedures set out in the agreement or the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established