DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wickham Hoist (Australia) Pty Ltd
(AG2017/321)

WICKHAM HOIST (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wickham Hoist (Australia) Pty Ltd. 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 24 February 2017. The nominal expiry date of the Agreement is 16 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wickham Hoist (Australia) Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement with its employees. The application centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was the court that dealt with the matter. The key legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it contained prohibited content, and if it was made in accordance with the relevant legislative provisions. The Commission needed to determine whether the agreement met the statutory requirements for approval, including ensuring that it provided for a fair and efficient workplace, and that the process of making the agreement was compliant with the law.

The Commission found that the agreement was genuinely an enterprise agreement as it was made between the employer and the employees and contained terms that were not prohibited by the Fair Work Act. The process of making the agreement was also found to be compliant with the necessary legal requirements, including adequate consultation and the use of good faith bargaining. The Commission also examined the content of the agreement and concluded that it did not contain any terms that were prohibited or unenforceable. As a result, the Fair Work Commission approved the enterprise agreement, finding it to be fair and meeting the statutory criteria for approval. The decision was made in the context of ensuring that the agreement provided for a fair and efficient workplace, and that it was made in accordance with the law.

The Fair Work Commission's decision was based on a detailed analysis of the agreement and the process by which it was made. The Commission found that the agreement was genuinely an enterprise agreement, was made in good faith, and did not contain any prohibited content. The Commission approved the agreement, finding that it met the necessary legal requirements for approval under the Fair Work Act. The decision reinforces the importance of ensuring that enterprise agreements are made in a fair and compliant manner, and that they provide for a fair and efficient workplace. The approval of the agreement allows the employer and employees to move forward with the terms and conditions set out in the agreement, providing certainty and stability in their workplace relations.

Wickham Hoist (Australia) 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