DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wurth Australia Pty Ltd
(AG2016/3268)

WURTH AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Wurth Australia Pty Ltd and National Union of Workers Enterprise Agreement 2016.

[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 2016 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Wurth Australia Pty Ltd, the applicant sought approval for an Enterprise Agreement under the Fair Work Act 2009. The dispute arose between Wurth Australia Pty Ltd, the employer, and the National Union of Workers, the employee representative. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The core issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly concerning the procedural fairness and the protection of employee rights.

The Fair Work Commission examined several key legal questions, including whether the agreement was made in good faith and whether it adequately protected the rights of employees. The Commission also assessed whether the agreement contained unfair provisions that could potentially harm employees. The applicant argued that the agreement was fair and balanced, reflecting a genuine effort to reach a consensus between the employer and the union. The union, on the other hand, raised concerns about certain provisions, arguing they were not adequately protective of employee rights.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the broader context of industrial relations in Australia. The Commission concluded that the agreement was largely fair and balanced, reflecting a genuine effort by both parties to reach a consensus. While some concerns were raised, the Commission found that the benefits of the agreement to the workforce outweighed any potential disadvantages. Consequently, the Fair Work Commission approved the Wurth Australia Pty Ltd and National Union of Workers Enterprise Agreement 2016, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act.

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