Workforce Road Services Pty Ltd Summary

[2016] FWCA 2914

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workforce Road Services Pty Ltd t/a Workforce International Group

(AG2016/747)

WRS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER LEE	MELBOURNE, 11 MAY 2016
Application for approval of the WRS Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

WRS Enterprise Agreement 2016 (the Agreement). The application was made pursuant to

s.185 of the Fair Work Act 2009 (the Act). It has been made by Workforce Road Services Pty

Ltd t/a Workforce International Group. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 May 2016. The nominal expiry date of the Agreement is 10 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Road Services Pty Ltd t/a Workforce International Group applied for approval of the WRS Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The agreement, which is a single enterprise agreement, was put forth by the company and pertains to the building, metal, and civil construction industries. The application was made to the Fair Work Commission, and Commissioner Lee presided over the case in Melbourne on May 11, 2016.

The primary legal issues that the court needed to decide were whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, which are relevant to the approval of an enterprise agreement. Specifically, the court needed to determine if the application process was followed correctly, if the agreement was made in good faith, and if the agreement contained the necessary provisions as outlined in the Act.

Commissioner Lee found that the application met all the necessary requirements under the Fair Work Act 2009. The court was satisfied that the application process was followed correctly, the agreement was made in good faith, and the agreement contained the necessary provisions as outlined in the Act. As a result, the WRS Enterprise Agreement 2016 was approved and would operate from May 18, 2016, with a nominal expiry date of May 10, 2020. The decision was made in accordance with section 54 of the Act.

Workforce Road Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established