Wurth Australia Pty Ltd

[2013] FWCA 4898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wurth Australia Pty Ltd
(AG2013/1580)

WURTH AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 19 JULY 2013

Application for approval of the Wurth Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[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 2013 (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 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved Wurth Australia Pty Ltd and the National Union of Workers, who sought approval for the Wurth Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013. The dispute was heard by the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia. The union argued that the proposed agreement was fair and reasonable, while the company contended that certain provisions were overly restrictive and detrimental to its business operations.

The central legal issues the Commission had to address were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. Specifically, the Commission needed to examine whether the agreement met the 'better off overall test', ensuring that employees were not worse off and had some benefits compared to the applicable awards or registered agreements. Additionally, the Commission had to determine if the agreement contained any provisions that were contrary to public policy or had any other legal infirmities.

The Commission began by examining the overall structure and content of the agreement, noting that it covered a wide range of employment conditions and was comprehensive in its coverage. It found that the agreement did comply with the statutory requirements and contained no provisions that contravened public policy. In terms of the 'better off overall test', the Commission concluded that employees were indeed better off under the proposed agreement, as it provided for certain benefits and protections that were not present in the relevant awards. The Commission also noted that while some provisions were more restrictive than those in the applicable awards, they were not so onerous as to render the agreement unfair. After careful consideration of all the evidence and arguments, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The final orders of the Commission were that the Wurth Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013 be approved and registered, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and it would replace any applicable awards or registered agreements in relation to those employees. The decision marked a significant step forward in the ongoing relationship between the company and the union, providing a stable and agreed-upon framework for employment conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established