WLY Enterprises Pty Ltd

[2013] FWCA 1998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WLY Enterprises Pty Ltd
(AG2012/12985)

WLY ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2012

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 APRIL 2013

Application for approval of the WLY Enterprises Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the WLY Enterprises Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] I had some concerns regarding clause 7 (a) in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were WLY Enterprises Pty Ltd and its employees, represented by their respective unions. The dispute centred around the application for approval of the WLY Enterprises Pty Ltd Enterprise Agreement 2012. This case was heard in the Fair Work Commission. The legal issues that the court had to address included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement provided for minimum terms and conditions that were no less favourable than those provided for in the relevant awards or safety nets. The court also had to consider whether the agreement had been negotiated in good faith.

The Fair Work Commission examined the application and determined that the agreement did comply with the Fair Work Act 2009. The court found that the agreement provided for minimum terms and conditions that were no less favourable than those provided for in the relevant awards or safety nets. Furthermore, the court was satisfied that the agreement had been negotiated in good faith, taking into account the interests of both parties involved. The court concluded that the application for approval of the WLY Enterprises Pty Ltd Enterprise Agreement 2012 should be granted, as it met all the necessary criteria.

The Fair Work Commission approved the application and authorised the WLY Enterprises Pty Ltd Enterprise Agreement 2012 to become effective. The agreement, which had been negotiated between the employer and the employees' unions, provided for the terms and conditions of employment for the employees of WLY Enterprises Pty Ltd. The court's decision to approve the agreement was based on the evidence presented, which demonstrated that the agreement was fair and reasonable, and in compliance with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established