DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Australia Pty Ltd
(AG2020/2552)

WOOD (LYTTON REFINERY - QLD) MECHANICAL ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Wood (Lytton Refinery - QLD) Mechanical Enterprise Agreement 2020.

[1] Application has been made by Wood Australia Pty Ltd for approval of a single enterprise agreement known as the Wood (Lytton Refinery - QLD) Mechanical Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 1 June 2023.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Australia Pty Ltd applied to the Fair Work Commission for the approval of a new enterprise agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the terms of the proposed agreement, which was intended to cover employees at the Lytton Refinery in Queensland. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for a fair and efficient system of dispute resolution, and whether it was made in good faith and without coercion.

The Commission examined the provisions of the agreement that related to dispute resolution, including the establishment of a dispute resolution committee and the process for resolving disputes. The CFMEU argued that the agreement did not provide for a fair and efficient system of dispute resolution because it did not include binding arbitration as a final step in the dispute resolution process. Wood Australia Pty Ltd contended that the agreement provided for a fair and efficient system of dispute resolution because it included a process for the early resolution of disputes and provided for mediation and conciliation before any dispute was referred to the dispute resolution committee. The Commission found that the agreement did provide for a fair and efficient system of dispute resolution, and that it was made in good faith and without coercion.

Following its determination, the Commission approved the Wood (Lytton Refinery - QLD) Mechanical Enterprise Agreement 2020. The CFMEU's objections were dismissed, and the agreement was registered by the Registrar of the Fair Work Commission. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the 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