DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WPA Group Pty Ltd
(AG2018/4658)

WPA GROUP PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 DECEMBER 2018

Application for approval of the WPA Group Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WPA Group Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WPA Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] The Agreement lodged contained an error at the header of each page of the Agreement. On 5 December 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Agreement was approved on 6 December 2018 and, in accordance with s.54, will operate from 13 December 2018. The nominal expiry date of the Agreement is 13 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by WPA Group Pty Ltd to approve the WPA Group Pty Ltd Enterprise Agreement 2018. The dispute centred on the terms and conditions of employment for certain employees within the company, particularly those who were part of the printing and publishing industry. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the Commission were primarily concerned with whether the agreement provided for terms and conditions that were at least equal to or better than the relevant awards and whether it complied with the procedural requirements for its approval. The Commission needed to consider whether the agreement was made in good faith and whether it had been appropriately certified by an independent certifier.

The Commission began by examining the content of the agreement and its compliance with the statutory requirements. It noted that the agreement had been certified as meeting the requirements for approval by an independent certifier, which was a crucial first step. The Commission then proceeded to assess the fairness of the agreement's terms and conditions by comparing them to the relevant awards. The agreement was found to be comprehensive and included provisions for wages, leave entitlements, and other working conditions. The Commission also took into account the views of both the employer and the employees' representatives during the bargaining process, ensuring that the agreement had been negotiated in good faith. Based on this analysis, the Commission concluded that the agreement met the necessary standards and was therefore approved.

The Fair Work Commission approved the WPA Group Pty Ltd Enterprise Agreement 2018, finding it to be fair and compliant with the statutory requirements. The agreement was deemed to provide for terms and conditions that were at least as good as, if not better than, those contained in the relevant awards. The Commission's decision was based on a thorough examination of the agreement's content, the process by which it was negotiated, and its certification by an independent certifier. This decision provides clarity for both the employer and employees, ensuring that the terms of the agreement are legally binding and enforceable.

WPA Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established