Workplace Alliance Pty Ltd T/A Workplace Alliance Pty Ltd Summary

[2022] FWCA 2047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workplace Alliance Pty Ltd T/A Workplace Alliance Pty Ltd

(AG2022/1743)

WPA Group Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 22 JUNE 2022

Application for approval of the WPA Group Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as WPA Group Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workplace Alliance Pty Ltd T/A Workplace Alliance Pty Ltd. The Agreement is a single enterprise agreement.

The employer’s name on the Notice of Employee Representational Rights and the Agreement is WPA Group Pty Ltd. However, the legal name of the employer is Workplace Alliance Pty Ltd. On the basis of the materials before me, I am satisfied that this discrepancy represents a minor procedural or technical error and therefore, pursuant to s 188(2)(a) of the Act, the agreement has been genuinely agreed to by the employees.

Noting the minor error above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2022. The nominal expiry date of the Agreement is 29 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the WPA Group Pty Ltd Enterprise Agreement 2022 by Workplace Alliance Pty Ltd, trading as Workplace Alliance Pty Ltd. The dispute arose from the need to secure a formal agreement between the employer and the employees, which would regulate their working conditions and employment terms. The applicant sought to have the enterprise agreement approved, ensuring that it complied with the relevant legislative requirements under the Fair Work Act 2009.

The central legal issues the court had to address involved verifying whether the agreement met the statutory prerequisites for approval. This included ensuring that the agreement was free from any prohibited content, that it was made in good faith, and that it contained the mandatory provisions as stipulated by the Fair Work Act. Additionally, the court had to examine whether the agreement had been made following the correct procedural steps, including the provision of relevant information to the employees and their reasonable opportunity to discuss the agreement.

In deliberating on the matter, the court meticulously reviewed the enterprise agreement to ascertain its compliance with the legislative standards. It considered whether the agreement had been made in accordance with the procedural fairness principles and whether it contained all the mandatory terms required by the Act. The court also evaluated the substance of the agreement, ensuring it did not contain any provisions that were against public policy or that undermined the protections afforded to employees under the Fair Work Act. After thorough examination, the court found the agreement to be compliant with all legal requirements and approved the enterprise agreement, thereby allowing it to come into effect.

The final orders of the court mandated the approval of the WPA Group Pty Ltd Enterprise Agreement 2022, with the effective date to be determined in accordance with the provisions of the agreement itself. The court's decision ensured that the agreement would govern the employment terms between the employer and employees, subject to the protections and rights enshrined in the Fair Work Act.

Workplace Alliance Pty Ltd T/A Workplace Alliance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established