DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wurtulla Electrical Systems Pty Ltd T/A WES Q
(AG2016/1021)

WESQ DUGALD RIVER SITE AGREEMENT 2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MAY 2016

Application for approval of the WESQ DUGALD RIVER SITE Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the WESQ DUGALD RIVER SITE 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 Wurtulla Electrical Systems Pty Ltd t/a WES Q. 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 24 May 2016 and, in accordance with s.54, will operate from 31 May 2016. The nominal expiry date of the Agreement is 24 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wurtulla Electrical Systems Pty Ltd trading as WES Q, sought the approval of the Fair Work Commission of the WESQ DUGALD RIVER SITE Agreement 2016. The applicant argued that the agreement provided for appropriate and efficient workplace arrangements, and that it should be approved under section 235 of the Fair Work Act 2009. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement was unfair and should not be approved.

The primary legal issue before the Commission was whether the agreement was fair and appropriate for the purposes of section 235 of the Act. In determining this, the Commission considered the balance of rights and obligations in the agreement, its effect on the employees, and whether it provided for appropriate and efficient workplace arrangements. The Commission also considered whether the agreement was in accordance with the relevant provisions of the National Employment Standards and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was fair and appropriate for the purposes of section 235 of the Act. The Commission noted that the agreement provided for appropriate and efficient workplace arrangements and that it was in accordance with the relevant provisions of the National Employment Standards. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

The Fair Work Commission approved the WESQ DUGALD RIVER SITE Agreement 2016, subject to the applicant making certain changes to the agreement. The applicant was required to amend the agreement to ensure that it provided for appropriate mechanisms for the resolution of workplace disputes and to ensure that it was in accordance with the relevant provisions of the National Employment Standards. The applicant was also required to provide certain information to the Commission to ensure that it could monitor compliance with the agreement.

Wurtulla Electrical Systems Pty Ltd T/A WES Q

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established