DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (W.A.)
(AG2019/1212)

WATERPROOF PRODUCTS (W.A.) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 MAY 2019

Application for approval of the Waterproof Products (W.A.) Enterprise Agreement 2019.

[1] Trevwest Pty Ltd as trustee for Douglas Family Trust t/as Waterproof Products (W.A.) has made an application for the approval of an enterprise agreement known as the Waterproof Products (W.A.) Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[7] The Agreement was approved on 29 May 2019 and, in accordance with s 54, will operate from 5 June 2019. The nominal expiry date of the Agreement is 28 May 2023.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Trevwest Pty Ltd as trustee for the Douglas Family Trust, trading as Waterproof Products (W.A.), sought approval of the Waterproof Products (W.A.) Enterprise Agreement 2019. The application was made pursuant to section 230 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the application met the legal requirements for approval under the Act, including whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for approval. This involved assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was consistent with the overarching objectives of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement met the procedural requirements, such as the proper notification and consultation processes.

The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The application process was also deemed to have been conducted in accordance with the relevant provisions of the Act. The Commission was satisfied that the agreement was consistent with the objectives of the Act and met all necessary statutory requirements. Therefore, the Commission approved the Waterproof Products (W.A.) Enterprise Agreement 2019.

The Fair Work Commission approved the Waterproof Products (W.A.) Enterprise Agreement 2019, finding it met all legal requirements under the Fair Work Act 2009.

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