Workwear Group Pty Ltd

[2022] FWCA 1384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workwear Group Pty Ltd

(AG2022/959)

Welshpool Distribution Services Enterprise Agreement 2021

Storage services
COMMISSIONER WILLIAMS	PERTH, 21 APRIL 2022

Application for approval of the Welshpool Distribution Services Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Welshpool Distribution Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workwear Group Pty Ltd. The Agreement is a single enterprise agreement

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 28 April 2022. The nominal expiry date of the Agreement is 28 April 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workwear Group Pty Ltd applied for approval of the Welshpool Distribution Services Enterprise Agreement 2021. The application was made to the Fair Work Commission, which was required to consider the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including that it facilitated the improvement of workplace relations and provided for a direct and independent way to resolve disputes.

The Commission considered whether the agreement appropriately balanced the rights and obligations of employers and employees, and if it was consistent with the objectives of the Fair Work Act. A key issue was whether the agreement provided for a fair and effective method to resolve disputes, as mandated by the legislation. The Commission also needed to determine if the agreement was genuinely negotiated and if it was consistent with the national minimum standards of employment.

The Commission found that the agreement effectively balanced the rights and obligations of the parties, and provided for a direct and independent way to resolve disputes. The agreement was deemed to be genuinely negotiated and consistent with the national minimum standards. Consequently, the Commission approved the agreement, noting that it facilitated the improvement of workplace relations and met all the necessary legal requirements.

The Fair Work Commission approved the Welshpool Distribution Services Enterprise Agreement 2021, finding it to be consistent with the objectives of the Fair Work Act and effectively balancing the rights and obligations of employers and employees. The agreement was also found to provide for a fair and effective method to resolve disputes. The Commission noted that the agreement was genuinely negotiated and met all the necessary legal requirements, leading to its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established