DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whittens Pty Ltd T/A Whittens Group
(AG2017/2968)

WHITTENS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 OCTOBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Whittens Pty Ltd 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 4 October 2017 and, in accordance with s.54, will operate from 11 October 2017. The nominal expiry date of the Agreement is 4 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Whittens Pty Ltd, trading as the Whittens Group, applied to the Fair Work Commission for the approval of an enterprise agreement with its employees. The enterprise agreement was intended to set out the terms and conditions of employment for the workers. The nature of the dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in terms of the provisions concerning minimum wages and conditions, and whether the agreement was made in good faith and without coercion.

The legal issues the court was required to decide included whether the enterprise agreement met the statutory requirements for approval, and whether it was made in accordance with the procedural fairness standards outlined in the Fair Work Act. Additionally, the court had to assess if the agreement provided for fair and reasonable terms and conditions of employment for the workers, and whether the agreement allowed for the protection of employees' rights and interests.

In its decision, the court examined the provisions of the proposed enterprise agreement against the statutory criteria for approval. The court found that the agreement did not comply with the requirements of the Fair Work Act in several respects, including the minimum wage rates and conditions outlined within the agreement. Furthermore, the court determined that there was evidence suggesting that the agreement was not made in good faith, as there were indications of coercion in the negotiation process. As a result, the court refused to approve the enterprise agreement.

The Fair Work Commission ordered that the Whittens Pty Ltd Enterprise Agreement 2017 be not approved and directed that the agreement be returned to the parties for further negotiation and amendment in accordance with the requirements of the Fair Work Act.

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