DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Work Force Pty Ltd
(AG2020/51)

WWF ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the WWF Enterprise Agreement 2019

[1] Western Work Force Pty Ltd has made an application for approval of an enterprise agreement known as the WWF Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 12 February 2020 and, in accordance with s 54, will operate from 19 February 2020. The nominal expiry date of the Agreement is 12 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Western Work Force Pty Ltd applied to the Fair Work Commission for approval of the WWF Enterprise Agreement 2019. The applicant, a company, sought to have the agreement, which was reached through negotiations between the company and its employees, approved under the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions, which raised concerns about various provisions within the agreement, including pay rates, classification, and other employment terms.

The central legal issues before the Commission were whether the agreement met the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it was fairly negotiated, and whether it contained terms that were fair and reasonable. The Commission also needed to determine if the agreement complied with the provisions regarding minimum pay rates and other mandatory terms.

In its decision, the Commission thoroughly examined the evidence presented by both parties, including witness testimonies and documentation related to the negotiation process. The Commission found that the agreement was made in good faith and was the result of genuine negotiations between the parties. It further concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace. The Commission noted that while some provisions raised concerns, these were outweighed by the overall fairness of the agreement. Consequently, the Commission approved the WWF Enterprise Agreement 2019.

The Commission's final order was that the WWF Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision. This decision provided legal certainty for both the employer and the employees, establishing the terms of their employment for the duration of the agreement.

Western Work Force 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