DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Road Services Pty Ltd
(AG2015/2276)

WORKFORCE ROAD SERVICES PTY LTD AND THE AWU WA ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2015

Application for approval of the Workforce Road Services Pty Ltd and the AWU WA Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Workforce Road Services Pty Ltd and the AWU WA Enterprise Agreement 2015-2019 (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. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 22 April 2015 and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 1 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in this case were Workforce Road Services Pty Ltd and the Australian Workers' Union, Western Australia Branch. The dispute centred around the approval of the Workforce Road Services Pty Ltd and the AWU WA Enterprise Agreement 2015-2019. The matter was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 (Cth) to resolve workplace disputes. The Commission's role in this instance was to determine whether the proposed enterprise agreement should be certified as a "registered" agreement, which would provide it with a degree of legal enforceability and protection.

The legal issues before the Commission involved assessing whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. This included ensuring that the agreement contained the prescribed minimum terms and conditions, that it was negotiated in good faith, and that it had been appropriately certified by the Commission. The Commission also needed to consider whether the agreement met the broader public interest test, which required it to promote systemic registered agreements that were free of industrial action and conducive to harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the enterprise agreement met all the necessary statutory requirements. It contained the minimum terms and conditions, was the result of good faith negotiations, and was certified as prescribed by the Act. The Commission also determined that the agreement satisfied the public interest test. It was a systemic agreement that would promote harmonious, productive and cooperative workplace relations. The Commission approved the enterprise agreement, making it a registered agreement under the Fair Work Act. This decision provided the agreement with legal enforceability and protection, enabling it to be implemented between the parties.

The Fair Work Commission's decision to approve the Workforce Road Services Pty Ltd and the AWU WA Enterprise Agreement 2015-2019 was based on its compliance with the statutory requirements and the public interest test. The Commission's approval of the agreement provided it with the necessary legal enforceability and protection, allowing it to be implemented between the parties. The outcome of this case highlights the importance of ensuring that enterprise agreements meet the statutory requirements and promote harmonious, productive and cooperative workplace relations to achieve successful registration.

Workforce Road 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