Wharton Corporation Pty Ltd T/A Action Alliance Summary

[2013] FWCA 7038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wharton Corporation Pty Ltd T/A Action Alliance
(AG2013/2824)

ACTION ALLIANCE (FACTORY) SINGLE-ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Action Alliance (Factory) Single-Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Action Alliance (Factory) Single-Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Wharton Corporation Pty Ltd T/A Action Alliance. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 23 September 2013. The nominal expiry date of the Agreement is 22 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Wharton Corporation Pty Ltd, trading as Action Alliance, and the Fair Work Commission (FWC). The dispute centred on the approval of the Action Alliance (Factory) Single-Enterprise Agreement 2013, which sought to establish terms and conditions of employment for the factory workers. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for single-enterprise agreements and if it was procedurally valid, including whether proper consultation processes were followed and if the agreement was in the best interests of the employees. The FWC also needed to ensure that the agreement did not adversely affect the employees' rights or entitlements under the National Employment Standards.

The FWC evaluated the procedural fairness of the agreement's development, the substance of its provisions, and its impact on the employees. It found that the agreement was procedurally valid, as the employer had adequately consulted with the employees and provided necessary information. The court examined the terms of the agreement to ensure they were not detrimental to the employees. The FWC concluded that the agreement was fair and reasonable, as it provided benefits such as competitive wages, improved working conditions, and the protection of employee rights. Consequently, the FWC approved the Action Alliance (Factory) Single-Enterprise Agreement 2013.

The Fair Work Commission ordered the approval of the Action Alliance (Factory) Single-Enterprise Agreement 2013, effective from the date of the decision. The decision was made on the basis that the agreement met the necessary legal criteria and was in the best interests of the employees. The agreement was to be registered and enforceable under the Fair Work Act 2009.

Wharton Corporation Pty Ltd T/A Action Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established