WorkPac Construction Pty Ltd

[2016] FWCA 1383

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
WorkPac Construction Pty Ltd
(AG2016/2128)
ENGINEERING SERVICES AGREEMENT 2016
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 MARCH 2016

Application for approval of the Engineering Services Agreement 2016.

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

Engineering Services 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 WorkPac Construction 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, 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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4] 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.
[2016] FWCA 1383

[5] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will

operate from 10 March 2016. The nominal expiry date of the Agreement is 3 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1383

Annexure A

[2016] FWCA 1383

CaseChat Overview and Summary

WorkPac Construction Pty Ltd applied for the approval of an enterprise agreement, the Engineering Services Agreement 2016, under section 185 of the Fair Work Act 2009. The agreement, which was a single enterprise agreement, was to be approved by the Fair Work Commission. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions of sections 186, 187, 188 and 190. The primary issue before the Commission was whether the agreement had been fairly chosen, given that it did not cover all employees of the employer.

The Commission found that the applicant had provided written undertakings which ensured that the agreement would not cause financial detriment to any employee and would not result in substantial changes to the agreement. In addition, the Commission was satisfied that the group of employees covered by the agreement was fairly chosen, taking into account the factors set out in section 186(3) and (3A) of the Act. The Commission also determined that the model flexibility term prescribed by the Fair Work Regulations 2009 was a term of the agreement. As a result, the Commission approved the agreement, which will operate from 10 March 2016 and expire on 3 March 2020.

In summary, the Fair Work Commission approved the Engineering Services Agreement 2016, finding that the agreement met the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the agreement was fairly chosen, and that the written undertakings provided by the applicant ensured that the agreement would not cause financial detriment to any employee and would not result in substantial changes to the agreement. The agreement will operate from 10 March 2016 and expire on 3 March 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established