Wexcon Pty Ltd Summary

[2024] FWC 2020

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 the Fair Work Commission, the applicant, Wexcon Pty Ltd, sought approval for an enterprise agreement between the company and its employees for the period 2024 to 2028. The applicant argued that the proposed agreement complied with the requirements of the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application, raising several objections to the agreement.

The central legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act, particularly in terms of procedural fairness, and whether the agreement contained provisions that were contrary to the public interest or otherwise unenforceable. The Commission examined the negotiation process, the content of the agreement, and the submissions from both parties. The applicant argued that the negotiation process was fair and that the agreement was in the best interests of the employees and the company. The respondents, on the other hand, contended that the agreement was not fairly negotiated and contained provisions that were contrary to the public interest.

The Commission found that the negotiation process was fair and that the agreement was in the best interests of the employees and the company. The Commission was satisfied that the applicant had met the requirements of the Fair Work Act, including the obligation to bargain in good faith. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest or unenforceable. The Commission approved the application, noting that the agreement provided for a fair and reasonable outcome for all parties.

The Fair Work Commission approved the application for the Wexcon Pty Ltd and Employees Enterprise Agreement 2024 - 2028, finding that it complied with the requirements of the Fair Work Act. The Commission was satisfied that the negotiation process was fair and that the agreement was in the best interests of the employees and the company. The Commission found no provisions in the agreement that were contrary to the public interest or unenforceable.

Wexcon Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established