Winchester Australia Limited

[2024] FWCA 627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Winchester Australia Limited

(AG2024/68)

WINCHESTER AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the Winchester Australia Limited Enterprise Agreement 2023

Winchester Australia Limited applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Winchester Australia Limited Enterprise Agreement 2023 (Agreement).

The employer 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. The undertakings are taken to be a term of the Agreement.

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.

The following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 16.3.2 – Ordinary Hours of Work – Non-Continuous; and
· Clause 29.4.1 – Substitution of Public Holidays by Agreement at the Enterprise.

However, noting clause 1.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 February 2024. The nominal expiry date of the Agreement is 26 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Winchester Australia Limited applied to the Fair Work Commission for approval of an Enterprise Agreement. The applicants argued that the agreement provided for appropriate terms and conditions for their employees. The application was opposed by several unions and individual employees who claimed that the agreement was unfair and did not adequately protect the rights of the employees.

The Fair Work Commission was required to determine whether the Enterprise Agreement provided for appropriate terms and conditions for the employees and whether it was fair and reasonable. The Commission considered the arguments of both parties and examined the contents of the agreement. The Commission also considered the relevant legislation, including the Fair Work Act 2009.

The Fair Work Commission found that the Enterprise Agreement provided for appropriate terms and conditions for the employees and was fair and reasonable. The Commission noted that the agreement provided for minimum wage rates, leave entitlements, and other benefits that were consistent with industry standards. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes between employees and the employer. The Commission rejected the arguments of the unions and individual employees that the agreement was unfair and did not adequately protect the rights of the employees.

The Fair Work Commission approved the Winchester Australia Limited Enterprise Agreement 2023. The Commission noted that the agreement was a genuine attempt by the parties to negotiate a fair and reasonable agreement and that it provided for appropriate terms and conditions for the employees. The Commission also noted that the agreement provided for appropriate mechanisms for resolving disputes between employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established