DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Windhoist Australia Pty Ltd T/A Windhoist Australia
(AG2017/2539)

WINDHOIST AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Windhoist Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Windhoist Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Windhoist Australia Pty Ltd T/A Windhoist Australia. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.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.

[5] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 23 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Windhoist Australia Pty Ltd T/A Windhoist Australia applied to the Fair Work Commission for approval of the Windhoist Australia Pty Ltd Enterprise Agreement 2016. The dispute concerned whether the agreement was fairly made and if it complied with relevant legislative provisions. The Fair Work Commission was tasked with determining these issues under the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement was made fairly and in good faith and whether it contained all the mandatory terms as required by the Fair Work Act. The Commission needed to assess if the agreement was made without any coercion, undue influence, or any other unfair practice. Additionally, the Commission examined if the agreement met the criteria for mandatory terms, which include minimum wages, penalty rates, and other conditions.

The Fair Work Commission found that the agreement was fairly made, without any evidence of coercion or undue influence. The Commission was satisfied that the agreement contained all the mandatory terms as stipulated by the Act. The Commission concluded that the agreement was made in good faith and was compliant with all legislative requirements. As a result, the Fair Work Commission approved the Windhoist Australia Pty Ltd Enterprise Agreement 2016.

The final orders of the Commission were that the enterprise agreement be approved, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Ombudsman and that the parties adhere to its terms. The decision provided clarity on the compliance and fairness of the agreement, ensuring that it could be implemented without further legal challenges.

Windhoist Australia Pty Ltd T/A Windhoist Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established