Wood Australia Pty Ltd T/A Wood Summary

[2024] FWCA 4188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wood Australia Pty Ltd T/A Wood

(AG2024/4425)

WOOD IONA FACILITY MECHANICAL MAINTENANCE SERVICES GREENFIELDS AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Wood Iona Facility Mechanical Maintenance Services Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Wood Iona Facility Mechanical Maintenance Services Greenfields Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Wood Australia Pty Ltd T/A Wood.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Australia Pty Ltd, trading as Wood, sought approval for the Wood Iona Facility Mechanical Maintenance Services Greenfields Agreement 2024. The matter was heard in the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed agreement with relevant industrial instruments and the principles of the Fair Work Act 2009. The Greenfields Agreement aimed to regulate the employment conditions for mechanical maintenance workers at Wood's Iona facility, including aspects such as wages, hours of work, and other employment terms.

The legal issues the Commission had to address included whether the proposed agreement was a "small business agreement," whether it was procedurally fair, and if it complied with the relevant industrial instruments and the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the threshold of covering fewer than 15 employees and whether it contained terms that were no less favourable than the applicable awards or registered agreements. Additionally, the Commission needed to ensure that the agreement was made without coercion, and that employees had been provided with adequate information to understand the implications of the agreement.

In assessing these issues, the Commission examined the specific terms of the Greenfields Agreement and found that it indeed qualified as a small business agreement. It covered fewer than 15 employees and contained terms that were no less favourable than those in the relevant industrial instruments. The Commission also determined that the agreement was procedurally fair, as the process followed adhered to the requirements set out in the Fair Work Act. The Commission was satisfied that employees had been adequately informed about the agreement and that it had been made without any form of coercion. Consequently, the Commission approved the Wood Iona Facility Mechanical Maintenance Services Greenfields Agreement 2024.

The Fair Work Commission approved the Wood Iona Facility Mechanical Maintenance Services Greenfields Agreement 2024, finding it to be a valid small business agreement that complied with the Fair Work Act and relevant industrial instruments. The Commission's decision was based on the procedural fairness of the agreement, its compliance with legal standards, and the absence of any coercive practices in its formation.

Wood Australia Pty Ltd T/A Wood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established