DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WICET Services Pty Ltd
(AG2019/141)

WICET AGREEMENT 2018

Coal export terminals
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the WICET Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WICET Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WICET Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), and based on the statutory declarations provided by the AMWU, the CEPU and the CFMMEU, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 14 February 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WICET Services Pty Ltd was a party to an application for the approval of the WICET Agreement 2018. The application was brought before the Fair Work Commission (FWC) to seek the approval of the enterprise agreement. The applicant argued that the agreement was in the best interests of the employees and was necessary for the efficient operation of the business. The legal issues that the FWC had to determine included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The FWC examined the agreement to determine whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission found that the agreement had been negotiated in good faith, with genuine bargaining and that the agreement met the procedural requirements. The FWC also considered whether the agreement was in the best interests of the employees, taking into account the potential impact on employees' wages and conditions. The FWC concluded that the agreement was in the best interests of the employees, as it provided for improved wages and conditions, while also providing for flexibility in the workplace.

The FWC approved the WICET Agreement 2018, subject to certain modifications. The modifications related to the process for resolving disputes and the inclusion of a clause that allowed for the variation of the agreement by the parties. The FWC found that these modifications were necessary to ensure that the agreement was fair and reasonable and that it complied with the requirements of the Fair Work Act. The applicant accepted the modifications, and the agreement was approved by the FWC. The final orders of the FWC included the approval of the WICET Agreement 2018, subject to the modifications made by the FWC.

WICET Services 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