WITRON Service Australia Pty. Ltd. T/A WITRON Service Australia Pty. Ltd

[2022] FWCA 2801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

WITRON Service Australia Pty. Ltd. T/A WITRON Service Australia Pty. Ltd

(AG2022/3270)

WITRON Service Australia (Queensland) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 17 AUGUST 2022

Application for approval of the WITRON Service Australia (Queensland) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the WITRON Service Australia (Queensland) Enterprise Agreement 2022 (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. T/A WITRON Service Australia Pty. Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) 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 ETU.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 24 August 2022. The nominal expire date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by WITRON Service Australia Pty. Ltd. for the approval of the WITRON Service Australia (Queensland) Enterprise Agreement 2022. This application arose under the Fair Work Act 2009, where the company sought to have the proposed enterprise agreement registered to establish the terms and conditions of employment for its employees in Queensland.

The legal issues that the Commission was required to decide included whether the proposed agreement met the statutory requirements for approval, including compliance with the procedural requirements of the Fair Work Act and the absence of any provisions that would be contrary to the public interest or detrimental to employees. The Commission also needed to determine whether the agreement was made in good faith and whether it provided for the appropriate minimum terms and conditions of employment.

In its decision, the Commission examined the procedural fairness of the agreement-making process, ensuring that proper notice and consultation had occurred. The Commission assessed the provisions of the agreement to confirm they complied with the minimum standards set by the Fair Work Act and did not contain any terms that were contrary to public interest. The Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. Accordingly, the Commission approved the application for the registration of the WITRON Service Australia (Queensland) Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established