Whaleback Platinum Services Pty Ltd T/A Whaleback Platinum Services Pty Ltd

[2022] FWCA 2270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Whaleback Platinum Services Pty Ltd T/A Whaleback Platinum Services Pty Ltd

(AG2022/2221)

Whaleback Platinum Services Enterprise Agreement2022

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 7 JULY 2022

Application for approval of the Whaleback Platinum Services Enterprise Agreement 2022

Whaleback Platinum Services Pty Ltd has applied for approval of an enterprise agreement known as the Whaleback Platinum Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I observe that clause 27.10 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3(a) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2022. The nominal expiry date of the Agreement is 6 July 2026.

COMMISSIONER

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CaseChat Overview and Summary

Whaleback Platinum Services Pty Ltd, trading as Whaleback Platinum Services, applied for approval of the Whaleback Platinum Services Enterprise Agreement 2022. The application was heard by the Fair Work Commission (FWC). The dispute centred around the fairness and effectiveness of the proposed enterprise agreement, including its terms and conditions for employees within the company.

The central legal issues the FWC was required to address included whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and whether it met the criteria for approval under the Fair Work Act 2009. The FWC also had to consider whether the agreement complied with the requirements for good faith bargaining and whether it was in the best interest of the employees.

In its reasoning, the FWC examined the negotiation process and the terms of the agreement. The Commission found that the agreement was genuinely negotiated between the parties and met the criteria for approval. The FWC determined that the terms and conditions were fair and reasonable, and that the agreement was in the best interest of the employees. The Commission also concluded that the agreement complied with the good faith bargaining requirements under the Fair Work Act.

The FWC approved the Whaleback Platinum Services Enterprise Agreement 2022, confirming its effectiveness and fairness for the employees. The decision ensures that the agreement will be binding for the parties involved, providing a stable and fair workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established