DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wroxton & Co (WA) Pty Ltd
(AG2015/2180)

WROXTON & CO (WA) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MARCH 2015

Application for approval of the Wroxton & Co (WA) Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wroxton & Co (WA) Pty Ltd Employee Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 25 March 2015 and, in accordance with s.54, will operate from 1 April 2015. The nominal expiry date of the Agreement is 25 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wroxton & Co (WA) Pty Ltd was the subject of an application for the approval of the Wroxton & Co (WA) Pty Ltd Employee Enterprise Agreement 2015. The matter was brought before the Fair Work Commission (FWC) by the applicant, Wroxton & Co (WA) Pty Ltd, seeking to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute primarily revolved around whether the agreement met the necessary requirements for approval, particularly concerning the process by which the agreement was made and the representation of the employees.

The primary legal issue for the FWC was to determine whether the Employee Enterprise Agreement 2015 had been fairly and appropriately made in accordance with the Fair Work Act. This involved examining the process by which the agreement was negotiated, whether the agreement was in good faith, and if the agreement was appropriately certified by the FWC. A secondary issue was whether the agreement adequately represented the interests of the employees, considering the potential impact on employee conditions.

The FWC evaluated the evidence provided by both the applicant and the respondents, including submissions on the negotiation process and the certification of the agreement. The FWC concluded that the Employee Enterprise Agreement 2015 was made in good faith and followed the necessary procedural requirements under the Fair Work Act. The FWC found that the agreement was appropriately certified and that it adequately represented the employees' interests. Consequently, the FWC approved the application and registered the Wroxton & Co (WA) Pty Ltd Employee Enterprise Agreement 2015 as a registered enterprise agreement.

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