DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilken Service Pty Ltd
(AG2018/777)

WILKEN SERVICE PTY LTD SINGLE ENTERPRISE BARGAINING AGREEMENT 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

Application for approval of the Wilken Service Pty Ltd Single Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wilken Service Pty Ltd Single Enterprise Bargaining Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilken Service 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wilken Service Pty Ltd applied to the Fair Work Commission for approval of the Wilken Service Pty Ltd Single Enterprise Bargaining Agreement 2018. The respondent, the Finance Sector Union of Australia, opposed the application on the basis that the agreement did not meet the "better off overall test" (BOOT) under the Fair Work Act 2009. The nature of the dispute centred around whether the proposed agreement provided employees with terms and conditions that were at least as favourable as those they had under their previous collective agreement or the relevant minimum standards.

The legal issue the Commission had to decide was whether the terms and conditions in the proposed agreement were more favourable overall for the employees than those in the previous agreement or the applicable minimum standards. This involved a detailed comparison of the proposed terms against the existing terms, taking into account various factors such as wages, leave entitlements, and other employment conditions. The Commission also had to consider whether the proposed agreement met the requirements under the Fair Work Act, including ensuring that it did not undermine the safety net of minimum standards.

The Fair Work Commission found that the proposed agreement did meet the BOOT, as it provided employees with terms that were at least as favourable as those under their previous agreement or the minimum standards. The Commission detailed its reasoning by comparing specific terms and conditions, and concluded that the overall benefits provided by the new agreement outweighed any detriments. The Commission highlighted that the proposed agreement included improved wage rates, enhanced leave provisions, and other benefits that met the statutory requirements. Consequently, the application for approval was successful, and the agreement was approved as meeting the necessary legal standards.

The final orders of the Commission were that the Wilken Service Pty Ltd Single Enterprise Bargaining Agreement 2018 be approved under section 173 of the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the Commission's decision, ensuring that the employees would benefit from the improved terms and conditions as set out in the approved agreement.

Wilken Service 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