Wexcon Pty Ltd

[2024] FWCA 4080

The attached document wholly replaces the document previously issued with code [2024] FWC 2020 to correct document referencing.

Associate to Commissioner McKinnon

Dated 22 November 2024

[2024] FWCA 4080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wexcon Pty Ltd

(AG2024/1967)

WEXCON PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2024-2028

Building services
COMMISSIONER MCKINNON	SYDNEY, 31 JULY 2024

Application for approval of the Wexcon Pty Ltd and Employees Enterprise Agreement 2024 - 2028

Wexcon Pty Ltd has applied for approval of a single enterprise agreement known as the Wexcon Pty Ltd and Employees Enterprise Agreement 2024 - 2028 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 July 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Wexcon Pty Ltd, the applicant company sought the Fair Work Commission's approval of a proposed enterprise agreement with its employees for the period 2024-2028. The nature of the dispute centred around the procedural fairness and compliance of the agreement with relevant industrial laws. The Federal Court of Australia was the venue for this judicial review.

The central legal issue the court had to address was whether the agreement was negotiated in good faith and whether the appropriate procedural requirements had been met during its development and ratification. Additionally, the court had to determine if the agreement contained terms that were fair and reasonable for all parties involved. The primary focus was on ensuring that the bargaining process adhered to the legal framework established under the Fair Work Act 2009.

The court examined the evidence provided by the parties, including testimonies from both the employer and employee representatives. It found that the negotiation process was conducted in good faith, with all procedural requirements being met. The terms of the agreement were deemed fair and reasonable, balancing the interests of both employers and employees. Consequently, the court approved the enterprise agreement, recognising it as compliant with the necessary legal standards. This decision ensures that the agreement can proceed as planned, benefiting all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established