Wimpak Export Company Pty Ltd Summary

[2014] FWCA 5381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wimpak Export Company Pty Ltd
(AG2014/8494)

WIMPAK AWU COMPREHENSIVE ENTERPRISE AGREEMENT 2014 - 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 7 AUGUST 2014

Application for approval of Wimpak AWU Comprehensive Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wimpak AWU Comprehensive Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wimpak Export Company Pty Ltd (the Applicant). 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2014. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Wimpak Export Company Pty Ltd, the Fair Work Commission considered an application for the approval of the Wimpak AWU Comprehensive Enterprise Agreement 2014 - 2016. The applicant, Wimpak Export Company, sought approval of the agreement which had been negotiated with the Australian Workers' Union. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be formally approved.

The primary legal issue was whether the agreement was bona fide and met the procedural and substantive requirements for approval under the Fair Work Act. The court had to examine whether the agreement was genuinely negotiated and whether it complied with the statutory obligations, such as the Good Faith Bargaining obligations, and the terms and conditions it proposed.

The Commission found that the agreement had been negotiated in good faith and was not deficient in any manner. It held that the agreement satisfied all the necessary procedural requirements and that the terms and conditions proposed were reasonable. The Commission also considered the nature of the industry and the bargaining positions of the parties, concluding that the agreement was fair and balanced. Consequently, the Commission approved the agreement, finding it met all the legal criteria required for formal approval.

The Fair Work Commission approved the Wimpak AWU Comprehensive Enterprise Agreement 2014 - 2016, confirming its compliance with the Fair Work Act and its appropriateness for the industry context. The agreement was therefore deemed valid and enforceable.

Wimpak Export Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established