Wolf Energy Pty Ltd (ACN 607 372 234) Summary

[2016] FWCA 1872

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wolf Energy Pty Ltd

(AG2016/148)

WOLF ENERGY VICTORIAN OPERATIONS AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 29 MARCH 2016

Application for approval of the Wolf Energy Victorian Operations Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Wolf Energy Victorian Operations Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wolf

Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4] 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.
[2016] FWCA 1872

[5] The Agreement was approved on 29 March 2016 and, in accordance with s.54, will

operate from 5 April 2016. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1872

Annexure A

[2016] FWCA 1872

CaseChat Overview and Summary

The case involves an application by Wolf Energy Pty Ltd for the approval of the Wolf Energy Victorian Operations Agreement 2016 under the Fair Work Act 2009. The applicant submitted an application for approval of the enterprise agreement, which is a single enterprise agreement. The application was made pursuant to section 185 of the Fair Work Act 2009. The applicant provided written undertakings, which the Commissioner found to be satisfactory. The Commissioner was satisfied that the undertakings would not cause financial detriment to any employee and would not result in substantial changes to the Agreement. The applicant also met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, and the Agreement was approved on 29 March 2016.

The legal issues in the case were whether the applicant had met the requirements for the approval of the enterprise agreement, including the consultation requirements, and whether the undertakings provided by the applicant would not result in substantial changes to the Agreement. The Commissioner found that the applicant had met the consultation requirements and that the undertakings provided by the applicant would not result in substantial changes to the Agreement. The Commissioner also found that the group of employees was fairly chosen and that the Agreement did not cover all of the employees of the employer. The Commissioner was satisfied that the Agreement met the requirements of the Fair Work Act 2009.

The Commissioner approved the Agreement on 29 March 2016, and it will operate from 5 April 2016. The nominal expiry date of the Agreement is 19 January 2020. The Commissioner found that the Agreement met the requirements of the Fair Work Act 2009 and that the applicant had provided satisfactory undertakings. The Commissioner also found that the group of employees was fairly chosen and that the Agreement did not cover all of the employees of the employer. The Commissioner concluded that the applicant had met the requirements for the approval of the enterprise agreement.

The final orders of the court were that the Agreement was approved on 29 March 2016 and would operate from 5 April 2016. The nominal expiry date of the Agreement is 19 January 2020. The Commissioner found that the Agreement met the requirements of the Fair Work Act 2009 and that the applicant had provided satisfactory undertakings. The Commissioner also found that the group of employees was fairly chosen and that the Agreement did not cover all of the employees of the employer. The Commissioner concluded that the applicant had met the requirements for the approval of the enterprise agreement.

Wolf Energy Pty Ltd (ACN 607 372 234)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established