Wickham Hoist (Australia) Pty Ltd Summary

[2022] FWCA 4431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wickham Hoist (Australia) Pty Ltd

(AG2022/5023)

Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 DECEMBER 2022

Application for approval of the Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2022 – 2026

An application has been made for approval of an enterprise agreement to be known as the Wickham Hoist (Australia) Pty Ltd Enterprise Agreement 2022 – 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wickham Hoist (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

There was an issue raised by the Commission with the Employer regarding the notification of relevant employees of voting information by the start of the access period.[1] Having regard to the submissions of the Employer provided on 13 December 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 15 December 2026.

DEPUTY PRESIDENT

[1] Noting the requirements of s.180(3) of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[3] Ibid.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wickham Hoist (Australia) Pty Ltd applied to the Fair Work Commission for approval of their proposed Enterprise Agreement 2022-2026. The dispute was centred around the terms of the proposed agreement, which the company intended to implement among its employees. The matter was heard by the Fair Work Commission, a body established under Australian law to facilitate and regulate the terms and conditions of employment in the country.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. These requirements include ensuring the agreement did not disadvantage employees, that it was made in good faith, and that it complied with the safety net provisions. The Commission also needed to determine if the agreement was in the best interests of the employees and if it was sufficiently transparent and accessible.

In its decision, the Fair Work Commission considered the submissions from both Wickham Hoist (Australia) Pty Ltd and the union representatives for the employees. The Commission examined the proposed terms, including wages, working conditions, and other employment-related matters. The Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The Commission approved the agreement, finding it to be made in good faith and not to disadvantage employees.

The Commission issued its approval, confirming that the Enterprise Agreement 2022-2026 would be legally binding from the date of the decision. This decision effectively formalised the terms of employment between Wickham Hoist (Australia) Pty Ltd and its employees for the specified period, subject to the terms and conditions outlined in the approved agreement.

Wickham Hoist (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established