DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wired Overhead Solutions Pty Ltd
(AG2019/1415)

WIRED OVERHEAD SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019-2022

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2019

Application for approval of the WIRED Overhead Solutions Pty Ltd Enterprise Agreement2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the WIRED Overhead Solutions Pty Ltd Enterprise Agreement2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wired Overhead Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I note that Clauses 24 and 11 are inconsistent with the National Employment Standards as they provide content not provided for in the NES. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 18 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Wired Overhead Solutions Pty Ltd, applied for the approval of the Wired Overhead Solutions Pty Ltd Enterprise Agreement 2019 - 2022. The application was made under section 233 of the Fair Work Act 2009. The legal issues before the commission were whether the agreement was a "better off overall test" (BOOT) agreement and whether it complied with the relevant provisions of the Act. The commission had to consider whether the agreement provided employees with a BOOT compared to the applicable award or safety net and whether it contained the required minimum terms and conditions of employment.

The commission found that the agreement provided employees with a BOOT, as it offered a total remuneration package that was at least equal to that provided by the applicable award or safety net. The agreement also contained the required minimum terms and conditions of employment, including provisions for minimum rates of pay, leave entitlements, and penalty rates. The commission was satisfied that the agreement complied with the relevant provisions of the Act and approved the agreement. The approval was subject to the condition that the applicant provide the commission with a copy of the agreement within 14 days of the decision.

The Fair Work Commission approved the Wired Overhead Solutions Pty Ltd Enterprise Agreement 2019 - 2022, subject to the condition that the applicant provide a copy of the agreement to the commission within 14 days of the decision. The approval was based on the finding that the agreement provided employees with a BOOT and contained the required minimum terms and conditions of employment. The decision provides guidance on the requirements for enterprise agreements and the BOOT test, which may be useful for employers and employees in similar industries.

Wired Overhead Solutions Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established