Conceal Waterproofing Pty Ltd Summary

[2013] FWCA 7972

The attached document replaces the document previously issued with the above code on 11 October 2013.

The word “Waterproofing” has replaced the word “Waterprofing” in the preamble line

Glenda Cameron

Associate to Commissioner Macdonald

Dated 14 October 2013

[2013] FWCA 7972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Conceal Waterproofing Pty Ltd
(AG2013/3001)

CONCEAL CONCRETE WATERPROOFING ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 11 OCTOBER 2013

Application for approval of the Conceal Concrete Waterproofing Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Conceal Concrete Waterproofing Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Conceal Waterproofing Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. .

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 18 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were Conceal Waterproofing Pty Ltd, a waterproofing company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the Conceal Concrete Waterproofing Enterprise Agreement 2013-2017. The case was heard by the Fair Work Commission (FWC) of Australia. The CFMEU sought to have the enterprise agreement approved by the FWC, arguing that it met the requirements for approval under the Fair Work Act 2009. Conversely, Conceal Waterproofing contested the application, contending that the agreement did not meet the necessary criteria and standards for approval.

The central legal issue before the FWC was whether the proposed enterprise agreement complied with the statutory requirements for approval as stipulated in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fairly and properly negotiated, if it included necessary protections for employees, and if it was in the best interests of the employees. The FWC also needed to consider whether the agreement adequately addressed matters such as wages, working conditions, and dispute resolution mechanisms.

In its decision, the FWC found that the enterprise agreement did not meet the statutory requirements for approval. The court highlighted several deficiencies, including the lack of proper negotiation processes and inadequate protections for employees. The FWC also noted that the agreement did not sufficiently address key employment conditions and dispute resolution mechanisms. As a result, the FWC refused to approve the enterprise agreement. The court emphasised that for an agreement to be approved, it must be fairly and properly negotiated and must provide adequate protections and benefits to employees. Given the significant shortcomings in this agreement, the FWC determined that approval was not warranted. The FWC did not grant approval to the Conceal Concrete Waterproofing Enterprise Agreement 2013-2017.

Conceal Waterproofing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established