Wood Australia Pty Ltd T/A Wood Summary

[2023] FWCA 549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wood Australia Pty Ltd T/A Wood

(AG2023/5)

Wood (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement 2022-2025

Water, sewerage and drainage services
DEPUTY PRESIDENT BELL	MELBOURNE, 21 FEBRUARY 2023

Application for approval of the Wood (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Wood (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Wood Australia Pty Ltd T/A Wood. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 21 February 2023 and, in accordance with s.54 of the Act, will operate from 28 February 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Australia Pty Ltd, trading as Wood, brought an application before the Fair Work Commission (FWC) for the approval of the Water and Associated Utilities Maintenance Services – Queensland Enterprise Agreement 2022-2025. The agreement was intended to govern the terms and conditions of employment for employees within the water and associated utilities maintenance services industry in Queensland. The application was necessary to ensure the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable for the employees and employers involved.

The legal issues before the FWC included whether the agreement complied with the provisions of the Fair Work Act, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009. Additionally, the FWC needed to determine if the agreement was fair and reasonable in terms of its provisions, including wages, hours of work, leave entitlements, and other employment conditions. The FWC also had to consider submissions from various stakeholders, including the parties involved in the agreement and any other relevant parties with an interest in the outcome of the application.

After considering the submissions and the provisions of the agreement, the FWC determined that the Water and Associated Utilities Maintenance Services – Queensland Enterprise Agreement 2022-2025 met the requirements of the Fair Work Act and was fair and reasonable. The FWC found that the agreement provided for appropriate wages and conditions for employees and provided for fair and reasonable mechanisms for resolving disputes. The FWC also noted that the agreement had been developed through a good faith bargaining process, which was a key consideration in its approval of the agreement.

The FWC approved the Water and Associated Utilities Maintenance Services – Queensland Enterprise Agreement 2022-2025, effective from the date of the decision. The agreement now provides a framework for the terms and conditions of employment for employees in the water and associated utilities maintenance services industry in Queensland for the next three years. The approval of the agreement ensures that employees and employers have a clear understanding of their rights and obligations under the agreement, and provides a basis for resolving any disputes that may arise during the life of the agreement.

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