DECISION

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

Decade Waterproofing and Products Pty Ltd
(AG2015/770)

DECADE WATERPROOFING AND PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 APRIL 2015

Application for approval of the Decade Waterproofing and Products Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Decade Waterproofing and Products Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decade Waterproofing and Products Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 28 April 2015. The nominal expiry date of the Agreement is 20 April 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Decade Waterproofing and Products Pty Ltd applied to the Fair Work Commission for approval of the Decade Waterproofing and Products Pty Ltd Enterprise Agreement 2015-2019. The dispute centred on the agreement's provisions concerning employee entitlements, particularly overtime, shift patterns, and rostered days off. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues involved assessing whether the agreement complied with the Act's minimum standards for employee entitlements and whether the agreement was made in good faith and without coercion. The Commission examined the specific provisions of the agreement and the bargaining process, including the parties' capacity to negotiate and the fairness of the terms negotiated. The Commission also considered the balance of rights and obligations between the employer and employees.

The Fair Work Commission concluded that the agreement did not adequately provide for overtime entitlements, shift patterns, and rostered days off as required by the Act. The Commission found that while some provisions met the minimum standards, others fell short, particularly in relation to overtime and shift patterns. Additionally, the Commission found that the agreement was made in good faith, but certain provisions could be seen as potentially coercive. Based on these findings, the Commission did not approve the agreement. The Commission directed the parties to negotiate further and submit a revised agreement that met the statutory requirements and balanced the interests of both parties.

Decade Waterproofing and Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established