DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wigley Engineering Pty Ltd
(AG2016/4126)

WIGLEY ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Wigley Engineering Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wigley Engineering Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wigley Engineering Pty Ltd. 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 Agreement was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. The nominal expiry date of the Agreement is 9 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Wigley Engineering Pty Ltd, sought approval of the Enterprise Agreement 2016, which had been negotiated with its employees. The applicant's employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred around the terms and conditions of employment as outlined in the proposed agreement, with specific attention to the classification and remuneration of employees. The commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the commission involved the compliance of the agreement with the statutory framework. This included assessing whether the agreement provided for the fair and equitable treatment of employees, particularly regarding their classification, wages, and other conditions of employment. Additionally, the commission had to consider whether the agreement had been made in good faith, without coercion, and whether it provided for a process to resolve disputes.

The commission found that the Enterprise Agreement 2016 was fair and reasonable in its terms and conditions, noting that it had been negotiated in good faith and without any undue influence. The agreement was deemed to meet the statutory requirements as it provided for the fair treatment of employees, including appropriate classification and remuneration. Furthermore, the commission recognised the process for dispute resolution outlined in the agreement as being adequate. Consequently, the commission approved the agreement, finding it to be in compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Wigley Engineering Pty Ltd Enterprise Agreement 2016, finding it to be fair and reasonable. The commission determined that the agreement met the necessary statutory requirements, including fair treatment of employees and good faith negotiations. The approval of the agreement ensures that the terms and conditions of employment for the employees of Wigley Engineering Pty Ltd are legally compliant and adequately address their needs.

Wigley Engineering 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