DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wideline Pty Limited
(AG2015/6844)

WIDELINE PTY LIMITED ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Wideline Pty Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wideline Pty Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wideline Pty Limited. The Agreement is a single enterprise agreement.

[2] 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2015. The nominal expiry date of the Agreement is 17 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wideline Pty Limited sought approval of an enterprise agreement under the Fair Work Act 2009. The application was before the Fair Work Commission, which has the authority to assess and approve enterprise agreements that meet the criteria of the Act. The primary dispute centred on whether the agreement complied with the procedural and substantive requirements set forth by the Fair Work Act.

The key legal issues the Commission addressed were whether the agreement was made in good faith, whether it was appropriately negotiated, and if it contained all the mandated terms and conditions. Additionally, the Commission examined if the agreement provided fair and reasonable protections for employees. The Commission's assessment involved scrutinising the process of agreement formation, including the adequacy of employee representation and consultation.

The Fair Work Commission found that the agreement was made in good faith and was the product of appropriate negotiation processes. It also found that the agreement contained all necessary terms and conditions and provided fair and reasonable protections for employees. Consequently, the Commission approved the Wideline Pty Limited Enterprise Agreement 2015. The decision underscored the importance of transparent and fair negotiation processes in the formation of enterprise agreements.

Wideline Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established