DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wharton’s Labour Hire Pty Ltd
(AG2019/851)

WHARTON'S LABOUR HIRE FACTORY AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2019

Application for approval of the Wharton's Labour Hire Factory Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wharton’s Labour Hire Factory Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wharton’s Labour Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Wharton's Labour Hire Pty Ltd, sought approval of the Wharton's Labour Hire Factory Agreement 2019 from the Fair Work Commission. The dispute arose from the application of the agreement, which was to be applied to the employees of the company. The case was heard in the Fair Work Commission, an Australian statutory body with the authority to make binding decisions on workplace relations matters.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement and if it was made in accordance with the provisions of the Act. The applicants argued that the agreement was a genuine enterprise agreement and was made in good faith and without coercion.

The Commission found that the agreement met the requirements of the Act. It was a genuine enterprise agreement and was made in accordance with the provisions of the Act. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it contained the necessary provisions required by the Act. The Commission approved the agreement, finding that it provided for the fair and equitable treatment of the employees of the company.

The Commission's decision was based on the evidence presented by the applicants and the absence of any objections from the employees or other interested parties. The Commission found that the agreement provided for the fair and equitable treatment of the employees and that it met the requirements of the Act. The Commission approved the agreement, and it is now in effect.

Wharton’s Labour Hire 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