DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Australia Pty Ltd
(AG2020/1000)

WOOD (WATER AND ASSOCIATED UTILITIES MAINTENANCE SERVICES - QUEENSLAND) ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 8 MAY 2020

Application for approval of the Wood (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Wood (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2019-2022 (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.

[2] The Agreement is a single enterprise agreement.

[3] The Australian Workers Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) all lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the it wants the Agreement to cover it.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 providing it did not support approval of the Agreement but that it did not assert the Agreement would fail the Better Off Overall Test (BOOT). The CEPU also gave notice under s.183 of the Act that the it wants the Agreement to cover it.

[5] In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, AMWU, CFMMEU and the CEPU.

[6] On 1 May 2020 my chambers wrote to the parties advising that there appeared to be an error at clause 1.3 and proposing I exercise power under s.586 to correct the error. The parties were invited to provide their views by 5 May 2020. To date no objection has been received and I consider it appropriate to exercise power under s.586 of the Act to correct the error in clause 1.3.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Australia Pty Ltd sought approval of an enterprise agreement concerning water and associated utilities maintenance services in Queensland. The application was brought before the Fair Work Commission (FWC), an independent statutory body with jurisdiction to approve, register, and enforce enterprise agreements. The applicants were represented by counsel and argued that the agreement was fair and reasonable, while the respondents contended that it contained provisions that were unfair and unreasonable.

The legal issues before the FWC were whether the agreement was fair and reasonable, and whether it met the requirements of the Fair Work Act 2009. The FWC considered whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other employment terms, and whether it complied with the statutory requirements of the Fair Work Act. The FWC also had to consider whether the agreement was made in accordance with the relevant industrial laws.

The FWC found that the agreement was fair and reasonable, and that it met the statutory requirements of the Fair Work Act. The FWC considered the submissions of both parties and found that the agreement provided for fair and reasonable terms and conditions, including remuneration and other employment terms. The FWC also found that the agreement was made in accordance with the relevant industrial laws. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it met the requirements of the Fair Work Act.

The FWC approved the enterprise agreement, which will now be registered and enforceable. The agreement will provide for the terms and conditions of employment for the employees covered by the agreement, and will be in effect until it is replaced by a new agreement or terminated in accordance with the Fair Work Act.

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