Galdar Waterproofing NSW Pty Ltd Summary

[2013] FWCA 1785

FAIR WORK COMMISSION

DECISION

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

Galdar Waterproofing NSW Pty Ltd
(AG2012/13717)

GALDAR WATERPROOFING NSW PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 25 MARCH 2013

Galdar Waterproofing NSW Pty Ltd Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Galdar Waterproofing NSW Pty Ltd Enterprise Agreement 23012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Galdar Waterproofing NSW 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. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[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 15 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE ‘A’

CaseChat Overview and Summary

In the Fair Work Commission, Galdar Waterproofing NSW Pty Ltd contested the Galdar Waterproofing NSW Pty Ltd Enterprise Agreement 2012. The dispute centred around the interpretation and application of the agreement in relation to the classification and remuneration of employees. The case involved the determination of whether certain employees were appropriately classified under the terms of the agreement and if their remuneration was in accordance with the agreed terms.

The legal issues before the Commission included the proper interpretation of the classification provisions within the enterprise agreement, the applicability of these provisions to the specific roles and responsibilities of the employees in question, and whether the remuneration provided aligned with the classifications outlined. The employer argued that certain employees should be classified differently, which would result in different remuneration rates. The employees, on the other hand, maintained their current classifications and remuneration as stipulated in the agreement.

The Commission examined the language of the enterprise agreement, the roles and responsibilities of the employees, and the relevant industry standards. It concluded that the classifications as per the agreement were appropriate and that the employees' remuneration was consistent with these classifications. The employer's arguments regarding the classification of certain employees were found to be without merit. Consequently, the Commission upheld the existing classifications and remuneration as stipulated in the enterprise agreement.

Galdar Waterproofing NSW Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established