Workpac Pty Ltd Summary

[2023] FWCA 1700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Workpac Pty Ltd

(AG2023/1653)

WORKPAC PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 9 JUNE 2023

Application for approval of the WorkPac Pty Ltd & The Australian Workers’ Union Agreement 2023

Introduction

WorkPac Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Workpac Pty Ltd & The Australian Workers’ Union Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Australian Workers’ Union (AWU) 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), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2023. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an agreement between Workpac Pty Ltd and the Australian Workers' Union, dated 2023. The application was brought pursuant to the relevant provisions of the Fair Work Act 2009. The primary dispute centred on whether the agreement met the necessary criteria for registration, including compliance with statutory requirements and the protection of employees' rights.

The court had to determine whether the agreement was sufficiently comprehensive, clear, and free from any unfair terms. It also had to ensure that the agreement provided adequate protection for employees, including minimum entitlements, and did not contravene any provisions of the Fair Work Act or the Fair Work Regulations. Additionally, the court needed to consider whether the agreement was negotiated in good faith and whether it was consistent with the broader objectives of the industrial relations system.

After carefully examining the agreement, the court concluded that it met the necessary criteria for approval. The agreement was found to be comprehensive, with provisions that covered all essential terms of employment. The court also determined that the agreement was clear and did not contain any unfair terms that would disadvantage employees. Furthermore, the agreement was deemed to provide adequate protection for employees' rights and minimum entitlements. The court found that the agreement was negotiated in good faith and was consistent with the objectives of the industrial relations system. Consequently, the court approved the agreement.

In light of the findings, the court ordered the registration of the WorkPac Pty Ltd and The Australian Workers' Union Agreement 2023. The agreement was to be treated as a registered agreement under the Fair Work Act, effective from the date of the court's order. This decision ensures that the terms of the agreement will be legally binding on the parties and applicable to the employees covered by the agreement.

Workpac Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established