DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (W.A.)
(AG2014/9967)

WATERPROOF PRODUCTS (W.A.) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Waterproof Products (W.A.) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Waterproof Products (W.A.) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (W.A.). The agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 5 December 2014 and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 5 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (W.A.), the Fair Work Commission was called upon to approve an enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements for approval, particularly focusing on the procedural fairness and the compliance with the Fair Work Act. The Commission had to determine if the agreement was fairly negotiated and if it adhered to the relevant provisions of the legislation.

The primary legal issues before the Commission involved the fairness of the negotiation process and whether the agreement contained all the mandated terms and conditions. The applicant argued that the agreement was the product of genuine negotiations and was fair and reasonable in all its aspects. Conversely, there was contention regarding certain clauses in the agreement, which some parties argued did not meet the standards required under the Fair Work Act. The Commission was required to assess these arguments, taking into account the procedural fairness of the bargaining process and the substantive fairness of the agreement’s terms.

The Commission examined the evidence presented regarding the negotiation process and the content of the agreement. It was satisfied that the agreement had been negotiated in good faith and that the process had been fair and transparent. The Commission also found that the agreement contained all the mandatory terms required by the Fair Work Act. Given these findings, the Commission concluded that the agreement was fair and reasonable, and therefore approved the application for the agreement to be registered. The decision was based on a comprehensive review of the negotiation process and the terms of the agreement, ensuring compliance with the statutory framework.

The Fair Work Commission approved the application for the registration of the Waterproof Products (W.A.) Enterprise Agreement 2014, subject to the terms and conditions set out in the agreement. This decision confirmed the validity of the agreement and its compliance with the Fair Work Act, providing certainty and legal recognition to the terms negotiated between the parties.

Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (W.A.)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established