Wood Australia Pty Ltd T/A Wood Australia Summary

[2022] FWCA 2380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wood Australia Pty Ltd T/A Wood Australia

(AG2022/2278)

Wood Electrical and Instrument Agreement Lytton Refinery 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 15 JULY 2022

Application for approval of the Wood Electrical and Instrument Agreement Lytton Refinery 2022-2025

An application has been made for approval of an enterprise agreement known as the Wood Electrical and Instrument Agreement Lytton Refinery 2022-2025 (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 (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wood Australia, sought approval for the Wood Electrical and Instrument Agreement Lytton Refinery 2022-2025 from the Federal Circuit and Family Court. The application was brought under the Fair Work Act 2009, seeking a determination that the agreement was appropriate for registration as a single-enterprise agreement. The respondents, represented by the Electrical Trades Union, opposed the application, arguing that the agreement did not meet the criteria for approval, including that it failed to ensure procedural fairness and did not meet the better-off-overall test.

The court was required to determine whether the agreement was suitable for registration as a single-enterprise agreement. This involved assessing whether the agreement complied with the statutory requirements of the Fair Work Act, including procedural fairness and the better-off-overall test. The court considered whether the agreement was made in good faith, and whether it met the requirements for approval as a single-enterprise agreement.

In its decision, the court found that the agreement was suitable for registration. The court held that the agreement was made in good faith and met the requirements for approval as a single-enterprise agreement. The court found that the agreement ensured procedural fairness and met the better-off-overall test. The court also considered the evidence presented by the respondents, but ultimately found that it did not establish that the agreement failed to meet the criteria for approval. As a result, the court approved the agreement for registration.

The court made an order approving the agreement for registration as a single-enterprise agreement, effective from the date of the order. The order also provided that the agreement would remain in force until the earlier of the agreement's expiry or the making of a new agreement. The court's decision provides clarity for employers and employees in relation to the requirements for approving single-enterprise agreements under the Fair Work Act.

Wood Australia Pty Ltd T/A Wood Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established