Wiltshire Services Pty Ltd

[2024] FWCA 2418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wiltshire Services Pty Ltd

(AG2024/1939)

WILTSHIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 JUNE 2024

Application for approval of the Wiltshire Services Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Wiltshire Services Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 27 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wiltshire Services Pty Ltd, sought approval of the Wiltshire Services Pty Ltd Enterprise Agreement 2024 under the Fair Work Act 2009. The dispute arose over the terms of the agreement, which had been negotiated between the applicant and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The court was tasked with determining whether the agreement met the statutory requirements for approval under the Act.

The central legal issue before the court was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court had to consider whether the agreement was made in good faith, whether the necessary consultation had taken place, and whether the agreement contained all the mandatory terms prescribed by the Act. Additionally, the court assessed whether the agreement provided for a fair and reasonable resolution of the employees' terms and conditions of employment.

The court found that the agreement was made in good faith and that the necessary consultation had been undertaken. It was determined that the agreement contained all the mandatory terms as prescribed by the Fair Work Act. The court also found that the agreement provided for a fair and reasonable resolution of the employees' terms and conditions of employment. Given these findings, the court approved the agreement, finding that it met all the statutory requirements for approval.

The final order of the court was that the Wiltshire Services Pty Ltd Enterprise Agreement 2024 be approved under section 234 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would be binding on the applicant and the employees from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established