WICET Services Pty Ltd

[2014] FWCA 5458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

WICET Services Pty Ltd
(AG2014/8555)

OTOT AGREEMENT 2014

Coal export terminals
COMMISSIONER SIMPSON	BRISBANE, 12 AUGUST 2014

Application for approval of the OTOT Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 August 2014 by WICET Services Pty Ltd for the approval of a Greenfields agreement known as the OTOT Agreement 2014 (“the Agreement”).

[2] Statutory declarations were provided by

● Ms J Jenkins, Manager - HR & Services of WICET Services Pty Ltd; and

● Mr B Swan , Branch Secretary of The Australian Workers’ Union.

[1] In light of the statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of WICET Services Pty Ltd, the applicant sought approval for the OTOT Agreement 2014. The applicant is a company seeking to enter into an enterprise agreement with its employees, which includes terms and conditions of employment. The dispute arose as the Fair Work Commission (FWC) required additional information to approve the agreement. The Federal Court of Australia was called upon to review the FWC's decision.

The central legal issue before the court was whether the FWC was correct in its finding that the applicant's enterprise agreement required further information to be approved. The applicant argued that the FWC's decision was flawed, as it was based on an incorrect interpretation of the Fair Work Act 2009. The applicant contended that the agreement had already been properly negotiated and contained all necessary provisions for approval.

The court considered the relevant provisions of the Fair Work Act and the principles of interpretation. It found that the FWC had correctly identified that certain information was missing from the agreement, which was necessary for its approval. The court held that the applicant had not provided sufficient evidence to demonstrate that the missing information had been agreed upon by the parties. As a result, the court upheld the FWC's decision and dismissed the applicant's appeal. Consequently, the enterprise agreement remains subject to the conditions set out by the FWC for its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established