DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wexcon Pty Ltd
(AG2019/930)

WEXCON PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2019-2023.

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 JUNE 2019

Application for approval of the Wexcon Pty Ltd and Employees Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Wexcon Pty Ltd and Employees Enterprise Agreement 2019-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wexcon Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 19 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wexcon Pty Ltd, an Australian company, sought approval for the Wexcon Pty Ltd and Employees Enterprise Agreement 2019-2023. The Fair Work Commission (FWC) was tasked with determining the validity of the agreement under the Fair Work Act 2009. The agreement, which was proposed by Wexcon and its employees, aimed to regulate employment terms and conditions for the specified period. The primary dispute centred around the compliance of the agreement with the requirements set forth in the Act, specifically focusing on whether the agreement met the statutory obligations and provisions.

The key legal issues before the FWC were whether the agreement was fairly negotiated, if it adhered to the procedural requirements outlined in the Fair Work Act, and whether it contained terms that were consistent with the national employment standards. The FWC also had to consider whether the agreement provided for a fair and reasonable method of resolving disputes between the parties. The negotiation process, the fairness of the terms, and the compliance with the mandatory provisions of the Act were all scrutinized.

After examining the evidence and submissions presented, the FWC concluded that the agreement was fairly negotiated and complied with the procedural requirements. The FWC found that the terms of the agreement were consistent with the national employment standards and did not disadvantage any party unfairly. The FWC was satisfied that the agreement provided an appropriate method for resolving disputes between the parties. Therefore, the FWC approved the Wexcon Pty Ltd and Employees Enterprise Agreement 2019-2023.

As a result of the decision, the FWC issued an approval order, confirming the validity of the agreement. The agreement was to be registered with the Fair Work Commission and would apply to the specified period from 1 July 2019 to 30 June 2023. The approval order meant that the terms and conditions outlined in the agreement were legally binding on both Wexcon and its employees for the duration of the agreement.

Wexcon 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