Western Industrial Services Pty Ltd

[2014] FWCA 5962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Industrial Services Pty Ltd
(AG2014/7205)

WESTERN INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 AUGUST 2014

Application for approval of the Western Industrial Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Western Industrial Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Western Industrial Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 3 September 2014. The nominal expiry date of the Agreement is 2 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Western Industrial Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of an enterprise agreement. The agreement was proposed by the employer, Western Industrial Services Pty Ltd, and was intended to cover its employees. The dispute centred around the procedural fairness and compliance of the agreement with the Fair Work Act 2009. The legal issues before the Commission involved assessing whether the agreement was genuinely bargained, whether the requisite procedural steps were followed, and whether the agreement met the statutory requirements for approval.

The Fair Work Commission began by examining the process through which the agreement was negotiated. It was necessary to determine if the employer had genuinely bargained with the employees' representatives in good faith. Additionally, the Commission assessed whether the agreement provided terms and conditions that were no less favourable than the applicable award or safety net. The Commission also considered the extent to which the agreement complied with the procedural fairness requirements set out in the Fair Work Act. Furthermore, the Commission scrutinised the provisions of the agreement to ensure they did not contravene any statutory minimum standards.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely bargained and that all procedural requirements were satisfied. The Commission determined that the agreement provided terms and conditions that were no less favourable than the relevant award or safety net. Consequently, the Fair Work Commission approved the Western Industrial Services Pty Ltd Enterprise Agreement 2014, finding it to be compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established