Australian Waterproofing Company Pty Ltd Summary

[2021] FWCA 6937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Waterproofing Company Pty Ltd
(AG2021/8254)

WORKING WITH YOU AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Working With You Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Working With You Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Waterproofing Company 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 1 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Australian Waterproofing Company Pty Ltd and the Fair Work Commission, which considered an application for the approval of the Working With You Agreement 2021. The dispute centered on the terms and conditions outlined in the proposed agreement, which was intended to govern the relationship between the employer and the employees. The case was heard in the Fair Work Commission, which has jurisdiction over employment matters in Australia.

The primary legal issue the Commission had to address was whether the proposed Working With You Agreement 2021 met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fair and reasonable in all its terms and conditions, and whether it provided an appropriate balance between the interests of the employer and the employees. The Commission also had to consider whether the agreement complied with the minimum entitlements and protections provided by the relevant awards and the National Employment Standards.

In its decision, the Fair Work Commission carefully examined the provisions of the proposed agreement and assessed them against the statutory requirements. The Commission determined that while most of the terms were fair and reasonable, some aspects needed to be amended to ensure they met the legislative standards. The Commission then provided detailed guidance on the necessary changes, focusing on enhancing the protections for the employees. After the proposed amendments were made, the Commission concluded that the agreement was fair and reasonable in all its terms and conditions and approved the Working With You Agreement 2021.

The Fair Work Commission's final orders included the approval of the Working With You Agreement 2021, subject to the specified amendments. The Commission also directed that the agreement be registered with the Fair Work Ombudsman and that both parties be notified of the decision. The approval of the agreement marked an important step in formalising the employment relationship between the Australian Waterproofing Company Pty Ltd and its employees, ensuring that the terms and conditions of employment were fair, reasonable, and compliant with the relevant legislation.

Australian Waterproofing Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established