Wiltshire Services Pty Ltd

[2013] FWCA 1768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wiltshire Services Pty Ltd
(AG2013/4571)

WILTSHIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 MARCH 2013

Application for approval of the Wiltshire Services Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wiltshire Services Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wiltshire Services Pty Ltd, sought approval of the Wiltshire Services Pty Ltd Enterprise Agreement 2012 under the Fair Work Act 2009. The dispute arose between the applicant and the employees represented by the Transport Workers Union of Australia. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue was whether the agreement met the requirements of the Fair Work Act, specifically if it provided for the proper bargaining process and if it contained the necessary provisions regarding minimum entitlements. The court had to determine if the agreement was fair and reasonable and if it complied with the relevant legislative standards.

The court examined the bargaining process and found it to be genuine and in good faith. It considered the terms of the agreement and determined that it provided for the minimum entitlements as required by law. The court concluded that the agreement was fair and reasonable, taking into account the nature of the enterprise and the bargaining positions of the parties. As such, the court approved the agreement.

The Federal Circuit Court of Australia approved the Wiltshire Services Pty Ltd Enterprise Agreement 2012. The court found that the agreement was the product of a genuine and in good faith bargaining process, and that it contained all necessary provisions regarding minimum entitlements. The agreement was deemed fair and reasonable, meeting the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established