DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WMA Services Pty Limited
(AG2019/1900)

WMA SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 31 JULY 2019

Application for approval of the WMA Services Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the WMA Services Pty Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WMA Services Pty Limited.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] Clauses 6.4, 11.3, 17.1.2 and 17.2 are inconsistent with the National Employment Standards (NES). Undertakings have been provided by the Applicant that identify these specific clauses and provide that the NES will prevail in the case of each. These are attached in Appendix A.

[5] Subject to the undertakings referred to above, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2019. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

WMA Services Pty Limited sought approval of the WMA Services Pty Limited Enterprise Agreement 2019 before the Fair Work Commission. The application was brought under the Fair Work Act 2009, which provides a framework for the establishment of enterprise agreements and the role of the Commission in approving these agreements. The dispute centred on the content of the agreement, particularly its provisions concerning employee entitlements, hours of work, and other workplace conditions. The Commission was tasked with determining whether the agreement complied with the statutory requirements and was made in good faith.

The key legal issues before the Commission included whether the agreement had been made in accordance with the prescribed process, whether it complied with the statutory minimum standards, and whether it was made in good faith. The Commission examined the process through which the agreement was negotiated, including whether there was adequate representation of the parties involved, and whether the agreement was properly certified. Additionally, the Commission considered whether the agreement contained provisions that met or exceeded the minimum entitlements set out in the relevant industrial instruments and whether it fairly reflected the bargaining positions of the parties.

After thorough consideration, the Commission found that the agreement had been made in accordance with the statutory requirements and was in good faith. The Commission noted the comprehensive nature of the agreement, which provided for terms and conditions of employment that were fair and reasonable. The Commission also found that the agreement met all the statutory minimum standards and that the process of negotiation had been properly conducted. Consequently, the Fair Work Commission approved the WMA Services Pty Limited Enterprise Agreement 2019.

WMA Services Pty Limited

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established