DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whittens Pty Ltd T/A Whittens Group
(AG2017/2368)

WHITTENS PTY LTD NSW ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2017

Application for approval of the Whittens Pty Ltd NSW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Whittens Pty Ltd NSW Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whittens Pty Ltd T/A Whittens Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2017. The nominal expiry date of the Agreement is 6 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Whittens Pty Ltd, trading as Whittens Group, applied to the Fair Work Commission for approval of their 2017 New South Wales Enterprise Agreement. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the proposed agreement failed to meet the requirements of the Fair Work Act 2009. The matter was heard by the Commission, with a decision subsequently issued.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory criteria set out in the Fair Work Act 2009. This involved examining various aspects of the agreement, including the process by which it was made, its content, and whether it met the "better off overall test". The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith.

In delivering its decision, the Commission considered the arguments presented by both parties. It found that the agreement had been made in good faith and that the process by which it was negotiated was fair and reasonable. The Commission also concluded that the proposed agreement satisfied the "better off overall test", as it provided for terms and conditions that were at least as favourable as the applicable award or general award. Consequently, the Commission approved the Whittens Pty Ltd NSW Enterprise Agreement 2017, finding it to be compliant with the requirements of the Fair Work Act 2009.

As a result of the decision, Whittens Pty Ltd is now able to implement the terms of the approved enterprise agreement. The Australian Manufacturing Workers' Union's opposition was dismissed, and the agreement is now legally binding on the parties involved.

Whittens Pty Ltd T/A Whittens Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established