DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Field Services Pty Ltd
(AG2020/3764)

WOOD ONSHORE MECHANICAL MAINTENANCE SERVICES GREENFIELDS AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Wood Onshore Mechanical Maintenance Services Greenfields Agreement 2020.

[1] Wood Field Services Pty Ltd has applied for approval of a greenfields agreement known as the Wood Onshore Mechanical Maintenance Services Greenfields Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are Unions that are 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.

[4] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with AWU and the AMWU and that the Agreement covers these organisations.

[6] The Agreement was approved on 24 December 2020 and, in accordance with s.54, will operate from 31 December 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Field Services Pty Ltd applied to the Fair Work Commission for the approval of a new enterprise agreement, the Wood Onshore Mechanical Maintenance Services Greenfields Agreement 2020. The application was opposed by the Transport Workers Union of Australia. The central dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the treatment of new employees, procedural fairness, and the appropriate classification of employees. The Fair Work Commission had to determine if the agreement was made in good faith, free from coercion, and if it appropriately dealt with procedural fairness and employee classification issues.

The court examined whether the agreement was genuinely negotiated and not coerced, considering the union's opposition and the employer's bargaining position. It also assessed if the proposed terms for new employees were fair and whether the agreement adequately addressed procedural fairness and classification issues. The union argued that the agreement failed to provide sufficient protections for new employees and did not ensure procedural fairness in its application. The employer contended that the agreement was the product of genuine negotiations and that it appropriately classified employees.

The Fair Work Commission found that the proposed agreement was made in good faith and was not the result of coercion. The court determined that the agreement provided sufficient protections for new employees and appropriately addressed procedural fairness and classification issues. The commission approved the Wood Onshore Mechanical Maintenance Services Greenfields Agreement 2020, noting that it met the requirements of the Fair Work Act 2009. The union's opposition was not upheld, and the employer's application was successful.

Wood Field Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established