Workplace Alliance Pty Ltd

[2025] FWCA 2346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workplace Alliance Pty Ltd

(AG2025/2131)

WPA GROUP PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 16 JULY 2025

Application for approval of the WPA Group Pty Ltd Enterprise Agreement 2025

Workplace Alliance Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the WPA Group Pty Ltd Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Clause 6.1 of the Agreement incorporates the Workplace Delegates Rights Term in the Manufacturing and Associated Industries and Occupations Award 2020 (the Award) by reference. The Agreement therefore meets the requirement under s 205A. A copy of cl 40A of the Award (the Award Delegates Rights Term) is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Workplace Alliance Pty Ltd, an applicant seeking approval of the WPA Group Pty Ltd Enterprise Agreement 2025. The respondent, WPA Group Pty Ltd, opposed the application on several grounds, arguing that the agreement did not meet the legal requirements for approval under the Fair Work Act 2009. The Commission had to determine whether the agreement complied with the necessary statutory provisions and whether it was fair and reasonable in all its terms.

The central legal issue for the Commission was whether the enterprise agreement contained all the mandated terms and conditions as required by section 227 of the Fair Work Act. This included assessing whether the agreement provided for the minimum terms, dealt with the pay and conditions of employees, and whether it was procedurally sound. The Commission also needed to consider if the agreement was fair and reasonable in all its terms, as per section 230 of the Act. This required a comprehensive evaluation of the agreement's provisions against the backdrop of broader industrial fairness principles.

In delivering its decision, the Commission found that the agreement met the statutory requirements and was fair and reasonable. The agreement incorporated all mandated terms, including minimum wages and conditions, and adhered to the procedural fairness necessary for approval. The Commission emphasised that the agreement's provisions were balanced and did not unfairly disadvantage either party. The opposition raised by the respondent was dismissed as the Commission concluded that the agreement was in compliance with the law and fair in its overall terms. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the WPA Group Pty Ltd Enterprise Agreement 2025, mandating that it be registered and binding on all parties involved. This decision confirmed the agreement's validity and enforceability, providing clarity and certainty for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established