DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wroxton & Co (WA) Pty Ltd
(AG2019/1019)

WROXTON & CO (WA) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 13 JUNE 2019

Application for approval of the Wroxton & Co (WA) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wroxton & Co (WA) Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wroxton & Co (WA) 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 19 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Wroxton & Co (WA) Pty Ltd Enterprise Agreement 2019. The application was made by Wroxton & Co (WA) Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The dispute centred on the terms and conditions of employment outlined in the proposed agreement and whether they met the requirements of the Fair Work Act 2009. The FWC was required to determine if the agreement contained the necessary provisions for a fair and reasonable working environment, if it complied with the safety net provisions, and if it was made in good faith.

The legal issues before the FWC involved the interpretation of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements. The FWC had to assess whether the agreement provided for fair and reasonable terms and conditions, met the safety net requirements, and was made in good faith. Additionally, the FWC considered whether the agreement appropriately balanced the interests of both the employer and the employees. The FWC noted that the agreement contained provisions for wage increases, allowances, and other employment terms. It found that the agreement met the safety net provisions and was made in good faith. The FWC concluded that the agreement provided for fair and reasonable terms and conditions of employment.

The FWC approved the Wroxton & Co (WA) Pty Ltd Enterprise Agreement 2019, finding it met all necessary legal requirements. The decision highlights the importance of ensuring that enterprise agreements are balanced, provide for fair and reasonable terms, and comply with the safety net provisions of the Fair Work Act 2009. This case serves as a reminder to employers and employee representatives of the obligations and considerations when drafting and negotiating enterprise agreements.

Wroxton & Co (WA) 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