DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wurth Australia Pty Ltd
(AG2018/6677)

WURTH AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2019

Application for approval of the Wurth Australia Pty Ltd and National Union of Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wurth Australia Pty Ltd and National Union of Workers 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 Wurth Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Wurth Australia Pty Ltd, the applicant, the Fair Work Commission was tasked with considering an application for the approval of the Wurth Australia Pty Ltd and National Union of Workers Enterprise Agreement 2019. The applicant sought to have the proposed enterprise agreement registered under the Fair Work Act 2009. The applicant's argument was that the proposed agreement met the criteria for registration as it was in the public interest and provided for the proper management of the enterprise.

The central legal issues the Commission had to resolve were whether the proposed agreement met the criteria for approval as stipulated by the Fair Work Act, and whether the agreement complied with the requirements for registration. Specifically, the Commission had to determine whether the agreement provided for a fair and reasonable terms and conditions of employment, whether it included appropriate mechanisms for the resolution of disputes, and whether it was in the public interest.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, determined that the proposed enterprise agreement met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, included appropriate mechanisms for the resolution of disputes, and was in the public interest. The Commission also noted that the agreement contained provisions that went beyond the minimum standards set by the relevant awards and legislation, which was a positive indicator of its overall fairness. The Commission was satisfied that the agreement would facilitate the proper management of the enterprise, and therefore approved the proposed agreement for registration.

Wurth Australia 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