Witron Service Australia Pty. Ltd.

[2025] FWCA 3043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Witron Service Australia Pty. Ltd.

(AG2025/2956)

WITRON SERVICE AUSTRALIA (QUEENSLAND) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 9 SEPTEMBER 2025

Application for approval of the WITRON Service Australia (Queensland) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the WITRON Service Australia (Queensland) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Witron Service Australia Pty. Ltd. (the Applicant). The Agreement is a single enterprise agreement.

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

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Witron Service Australia Pty. Ltd., the Fair Work Commission was tasked with approving an enterprise agreement proposed by the applicant, Witron Service Australia (Queensland) Pty. Ltd. The agreement was intended to regulate the employment terms and conditions of certain employees within the company. The dispute arose from the negotiation and subsequent proposal of the agreement, which needed formal approval from the Fair Work Commission to become legally binding.

The primary legal issue the Commission had to address was whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it provided for fair and reasonable terms, and if it adhered to the procedural requirements for its making and approval. Furthermore, the Commission had to consider whether the agreement contained all the mandatory terms stipulated by the Act and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In its decision, the Fair Work Commission determined that the enterprise agreement was made in good faith and contained all the mandatory terms as required by the Act. The Commission found that the agreement provided for fair and reasonable terms for the employees involved, and it satisfied the procedural requirements for its making and approval. After careful consideration of the evidence and submissions, the Commission concluded that the agreement was fair and appropriate, warranting its approval. Consequently, the application for approval of the Witron Service Australia (Queensland) Enterprise Agreement 2025 was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established