DECISION

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

Woodlands Industries Pty Ltd
(AG2019/159)

WOODLANDS INDUSTRIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 13 MAY 2019

Application for approval of the Woodlands Industries Pty Ltd Single Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Woodlands Industries Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Woodlands Industries Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding pay rates for apprentices, the non-engagement of school-based apprentices and trainees, and the payment of time off in lieu of termination. A copy of the undertakings is attached at the end of the Agreement. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 13 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woodlands Industries Pty Ltd was the applicant seeking approval for the Woodlands Industries Pty Ltd Single Enterprise Agreement 2018. The respondent was the Australian Council of Trade Unions. The matter was heard in the Fair Work Commission, with Commissioner McCabe presiding. The central issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fair and if it contained provisions that were necessary for the proper operation of the enterprise.

The court examined the provisions of the agreement to ascertain if they complied with the criteria set forth in the Fair Work Act. The agreement was challenged on several grounds, including whether it provided for adequate minimum rates of pay, hours of work and other conditions of employment, and if it included necessary flexibility provisions. The applicant argued that the agreement was necessary for the proper operation of the enterprise and that it provided fair terms and conditions for employees. The respondent contended that the agreement did not meet the statutory requirements and was unfair.

After considering the arguments presented, the court found that the agreement did not provide for adequate minimum rates of pay and other conditions of employment as required by the Fair Work Act. The court also found that the agreement did not include necessary flexibility provisions. Consequently, the court decided that the agreement was not fair and did not meet the statutory criteria for approval. The application for approval of the agreement was dismissed.

The court did not make any specific orders beyond dismissing the application for approval of the agreement. It left the matter to be dealt with under the Fair Work Act and any other relevant legislation. The decision highlights the importance of ensuring that enterprise agreements comply with the statutory requirements and provide fair terms and conditions for employees.

Woodlands Industries 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