Work Place Alliance Group Pty Ltd

[2014] FWCA 3160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Work Place Alliance Group Pty Ltd
(AG2014/5913)

WPA GROUP PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 MAY 2014

Application for approval of the WPA Group Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the WPA Group Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Work Place Alliance Group Pty. Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to the flexibility clause of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 20 May 2014. The nominal expiry date of the Agreement is 19 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, Work Place Alliance Group Pty Ltd, sought approval of its 2014 Enterprise Agreement under the Fair Work Act 2009. The dispute arose as the applicant claimed that the agreement provided for terms and conditions of employment that were more favourable than the relevant national employment standards. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the provisions of the 2014 Enterprise Agreement were in compliance with the statutory requirements of the Fair Work Act. Specifically, the applicant needed to demonstrate that the agreement's terms were fair and reasonable and did not undermine the national employment standards. Additionally, the Commission needed to consider whether the agreement was made in accordance with the necessary procedural requirements, including the provision of relevant documents and the involvement of the employees' representatives.

In delivering its decision, the Commission examined the evidence presented by the applicant and the submissions made by the parties. The Commission found that the agreement provided for terms and conditions that were more favourable than the national employment standards in several respects, including provisions related to leave entitlements, penalty rates, and other employment benefits. The Commission also found that the agreement was made in compliance with the procedural requirements of the Fair Work Act. As a result, the Commission approved the 2014 Enterprise Agreement.

The Fair Work Commission approved the Work Place Alliance Group Pty Ltd Enterprise Agreement 2014, finding that it met the statutory requirements of the Fair Work Act and provided for terms and conditions of employment that were fair and reasonable. The Commission also found that the agreement was made in accordance with the necessary procedural requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established