Western Global Limited

[2016] FWCA 1169

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Global Limited

(AG2015/7148)

WESTERN GLOBAL ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 24 FEBRUARY 2016

Application for approval of the Western Global Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Western Global Enterprise Agreement 2015-2018 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Global

Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1169

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

2 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1169

ANNEXURE A

CaseChat Overview and Summary

Western Global Limited applied for approval of an enterprise agreement, the Western Global Enterprise Agreement 2015-2018, under section 185 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the legislative requirements for approval. The agreement was a single enterprise agreement, and the application was made by Western Global Limited. The Commission was required to consider whether the agreement complied with sections 186, 187, 188, and 190 of the Act, as well as whether it contained the model consultation term prescribed by the Fair Work Regulations 2009.

The Fair Work Commission determined that the agreement met the necessary criteria for approval. The Commission noted that Western Global Limited had provided written undertakings that ensured no financial detriment would be caused to employees and that there would be no substantial changes to the agreement. The Commission was satisfied that the agreement adhered to the relevant sections of the Act and that it incorporated the model consultation term. Consequently, the agreement was approved and would operate from 2 March 2016, with a nominal expiry date of 30 June 2018. The decision underscored the importance of meeting the statutory requirements for enterprise agreements and ensuring that employees' interests were protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established