Advanced Weather Proofing Pty Ltd

[2023] FWCA 999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Advanced Weather Proofing Pty Ltd

(AG2023/762)

ADVANCED WEATHER PROOFING PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 4 APRIL 2023

Application for approval of the Advanced Weather Proofing Pty Ltd & The Australian Workers’ Union Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Advanced Weather Proofing Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advanced Weather Proofing Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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.
The Australian Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2023. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute between Advanced Weather Proofing Pty Ltd and the Australian Workers' Union regarding the approval of an enterprise agreement. The applicant sought the court's approval of the agreement, which aimed to regulate various terms and conditions of employment for the workers in the industry. The case was heard by the Fair Work Commission, which is the relevant authority for approving such agreements under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement met the requirements set out in the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, dispute resolution, and other relevant provisions. The court also had to consider whether the agreement had been made in good faith and whether it provided for proper consultation between the parties. Furthermore, the court had to determine whether the agreement complied with any relevant awards or other industrial instruments.

The court examined the agreement in detail and found that it contained provisions that were fair and reasonable for both parties. The agreement provided for appropriate pay rates, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement had been made in good faith and that proper consultation had taken place between the parties. Additionally, the court determined that the agreement did not contravene any relevant awards or industrial instruments. As a result, the court approved the agreement and ordered that it be registered under the Fair Work Act.

The court's final order was that the Advanced Weather Proofing Pty Ltd & The Australian Workers' Union Agreement 2022 be approved and registered as a certified agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for the workers in the industry. The court's decision provided clarity and certainty for both parties, ensuring that the agreement was fair and reasonable and complied with all relevant legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established