Wood Australia Pty Ltd T/A Wood Australia Summary

[2023] FWCA 3194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wood Australia Pty Ltd T/A Wood Australia

(AG2023/3375)

WOOD (LYTTON REFINERY – QLD) MECHANICAL ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 4 OCTOBER 2023

Application for approval of the Wood (Lytton Refinery – QLD) Mechanical Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Wood (Lytton Refinery – QLD) Mechanical Enterprise Agreement 2023 (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 Australia. The Agreement is a single enterprise agreement.

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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2023. The nominal expiry date of the Agreement is 1 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Australia Pty Ltd, trading as Wood Australia, applied to the Fair Work Commission (FWC) for approval of the Wood (Lytton Refinery – QLD) Mechanical Enterprise Agreement 2023. The respondent, the Australian Manufacturing Workers' Union (AMWU), did not oppose the application but raised concerns about the agreement's provisions concerning penalty rates. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the agreement complied with the requirements for approval under section 232 of the Fair Work Act. This involved examining whether the agreement provided for appropriate penalty rates, as well as whether it met the other statutory criteria, including being a good faith bargaining outcome and providing for the fair treatment of employees. The FWC had to balance the parties' submissions and any relevant evidence to determine if the agreement was in the public interest.

In reaching its decision, the FWC considered the submissions from both parties and the evidence presented. The Commission found that the agreement met the necessary criteria for approval. It concluded that the penalty rates provided for in the agreement were appropriate and that the agreement was a good faith outcome of bargaining. The FWC also noted that the agreement provided for fair treatment of employees and was in the public interest. Accordingly, the FWC approved the agreement.

The FWC approved the Wood (Lytton Refinery – QLD) Mechanical Enterprise Agreement 2023. The agreement is now registered and in effect, governing the employment conditions for the employees covered by the agreement. The approval marks the resolution of this application and the formal recognition of the agreement as a legally binding enterprise agreement 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