DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workfast Marketplace Pty Ltd T/A Workfast NSW
(AG2021/8783)

WMEA 2021

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 16 DECEMEBER 2021

Application for approval of WMEA 2021.

[1] An application has been made for approval of an enterprise agreement known as the WMEA 2021 (Agreement). The application was made by Workfast Marketplace Pty Ltd T/A Workfast NSW (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] On the basis of the materials filed by the Applicant, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 15 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Workfast Marketplace Pty Ltd trading as Workfast NSW, the Fair Work Commission was presented with an application for the approval of the Workplace Agreements (Modern Awards and Transitional Instruments) Act 2021. This legislative framework seeks to modernise workplace agreements and streamline the process by which modern awards are applied to the workforce. The applicant, Workfast Marketplace, sought to ensure that its workplace agreements complied with the new statutory requirements.

The primary legal issues before the Commission involved interpreting the provisions of the Workplace Agreements (Modern Awards and Transitional Instruments) Act 2021 and determining whether the proposed workplace agreements met the legislative criteria for approval. Specifically, the Commission had to ascertain if the agreements were consistent with the modern awards, whether they provided for appropriate terms and conditions of employment, and if they aligned with the overall objectives of the Act to enhance fairness and efficiency in workplace relations.

The Commission meticulously reviewed the statutory provisions and assessed the proposed agreements against these criteria. It concluded that the agreements adhered to the modern awards and incorporated the necessary terms and conditions. The Commission found that the agreements provided for fair and reasonable terms of employment, aligning with the Act's objective to protect workers' rights while facilitating efficient business operations. Consequently, the Commission approved the workplace agreements, finding them to be compliant with the legislative requirements.

Workfast Marketplace Pty Ltd T/A Workfast NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established