DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wood Australia Pty Ltd T/A Wood
(AG2020/2973)

WOOD AND METROPOLITAN WATER INDUSTRY - MECHANICAL AND FIELD SERVICES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 OCTOBER 2020

Application for approval of the Wood and Metropolitan Water Industry - Mechanical and Field Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wood and Metropolitan Water Industry - Mechanical and Field Services Enterprise Agreement 2020 (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 T/A Wood. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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 was approved on 29 October 2020 and, in accordance with s.54, will operate from 5 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Wood Australia Pty Ltd, trading as Wood, applied to the Fair Work Commission for approval of the Wood and Metropolitan Water Industry - Mechanical and Field Services Enterprise Agreement 2020. The agreement sought to establish the terms and conditions of employment for employees within the specified industry sector. The application was opposed by the Australian Council of Trade Unions, which raised concerns about the fairness and adequacy of the proposed agreement.

The central legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the principles of genuine agreement and proper negotiation. The Commission also had to determine whether the agreement appropriately addressed issues such as minimum rates of pay, penalty rates, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was generally fair and reasonable, having been negotiated in good faith and covering the necessary terms and conditions. The Commission considered the evidence provided by both parties and the broader context of the industry. It was satisfied that the agreement met the statutory requirements for approval. The Commission approved the agreement, noting that while some minor amendments could be made, the overall fairness and reasonableness of the agreement were not in question. The Commission's approval was based on the comprehensive nature of the agreement and its alignment with the principles of fair work legislation.

The Fair Work Commission approved the Wood and Metropolitan Water Industry - Mechanical and Field Services Enterprise Agreement 2020, subject to the minor amendments that were identified during the review process. This decision sets the terms and conditions of employment for the specified industry sector, providing clarity and certainty for both employers and employees involved.

Wood Australia Pty Ltd T/A Wood

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established