Wettenhalls Services Pty Ltd Summary

[2024] FWCA 599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wettenhalls Services Pty Ltd

(AG2024/30)

WETTENHALLS SERVICES ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 FEBRUARY 2024

Application for approval of the Wettenhalls Services Enterprise Agreement 2023

Wettenhalls Services Pty Ltd applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Wettenhalls Services Enterprise Agreement 2023 (Agreement).

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 following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 26.16 – Public holidays; and
· Clause 26.18 – Notice.

However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 February 2024. The nominal expiry date of the Agreement is 30 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wettenhalls Services Pty Ltd recently appeared before the Fair Work Commission in an application to approve the Wettenhalls Services Enterprise Agreement 2023. The applicant, Wettenhalls Services Pty Ltd, sought approval for an enterprise agreement that governs the employment terms and conditions of their employees. The dispute centered on whether the agreement met the necessary legal standards for approval, particularly under the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application on various grounds, including that the agreement did not comply with the requirements for good faith bargaining and that it unfairly disadvantaged employees.

The central legal issues before the Commission were whether the agreement had been made in good faith, whether it complied with the relevant provisions of the Fair Work Act, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to determine whether the agreement met the "better off overall test" as stipulated by the Act, ensuring that employees were not worse off financially under the new agreement. The Commission also needed to consider if the agreement appropriately addressed the rights and obligations of both parties.

In its decision, the Fair Work Commission found that the agreement had been made in good faith and that it complied with all statutory requirements. The Commission noted that extensive negotiations had taken place and that the agreement provided for fair and reasonable terms for the employees. It was determined that the agreement met the better off overall test, as employees would not be worse off financially and would benefit from the new terms. The Commission was satisfied that the agreement provided for appropriate rights and obligations for both Wettenhalls Services and the employees. Consequently, the Commission approved the Wettenhalls Services Enterprise Agreement 2023.

Wettenhalls Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established