DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Australia Pty Ltd
(AG2020/3315)

WOOD METROPOLITAN WATER (O&M) ENTERPRISE AGREEMENT 2019

Water, sewerage and drainage services
COMMISSIONER YILMAZ	MELBOURNE, 17 NOVEMBER 2020

Application for approval of the Wood Metropolitan Water (O&M) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wood Metropolitan Water (O&M) 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 Wood Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 38.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 24 November 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Wood Australia Pty Ltd and the relevant union. The dispute arose from an application for the approval of the Wood Metropolitan Water (O&M) Enterprise Agreement 2019, which was submitted to the Fair Work Commission. The matter was heard and determined by the Full Bench of the Fair Work Commission, which consisted of members who are authorised to exercise the powers and perform the functions of the Commission under the Fair Work Act 2009. The primary issue before the court was whether the application for the approval of the Wood Metropolitan Water (O&M) Enterprise Agreement 2019 should be approved or not. The court had to consider various aspects of the agreement, including its fairness, compliance with the relevant legislation, and whether it provided adequate protection for the employees.

The court carefully examined the agreement and the submissions made by both parties. In its reasoning, the court found that the application for the approval of the Wood Metropolitan Water (O&M) Enterprise Agreement 2019 met the requirements of the Fair Work Act 2009 and was fair and reasonable. The court considered the overall balance of the agreement, which included provisions related to wages, conditions of employment, and dispute resolution mechanisms. The court was satisfied that the agreement provided adequate protection for the employees and was in line with the relevant legislation.

As a result of the court's decision, the application for the approval of the Wood Metropolitan Water (O&M) Enterprise Agreement 2019 was approved. The court found that the agreement was fair and reasonable and complied with the relevant legislation. The court also noted that the agreement provided adequate protection for the employees and was in line with the principles of the Fair Work Act 2009. The approval of the agreement allows it to be registered and enforced as a binding enterprise agreement.

Wood Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established