DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (WA)
(AG2020/1637)

WATERPROOF PRODUCTS (WA) AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2020

Application for approval of the Waterproof Products (WA) and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (WA) has made an application for approval of a greenfields agreement known as the Waterproof Products (WA) and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 July 2020. The nominal expiry date of the Agreement is 26 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Trevwest Pty Ltd as trustee for Douglas Family Trust T/A Waterproof Products (WA) and the Construction, Forestry, Maritime, Mining and Energy Union (WA) (CFMEU (WA)). The dispute pertains to the application for approval of the Waterproof Products (WA) and CFMEU (WA) (The Esplanade Project) Enterprise Agreement 2020. The Fair Work Commission heard the matter. The central legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, specifically regarding its coverage, content, and whether it provided for the proper representation of employees. The Commission needed to determine if the agreement was made in good faith, if it contained minimum terms and conditions as required, and if it was fair and reasonable.

The Commission examined the submissions and evidence provided by both parties. It considered the nature of the work, the bargaining power of the parties, and the terms and conditions proposed in the agreement. The Commission found that the agreement met the statutory requirements and was fair and reasonable. It was concluded that the agreement was made in good faith, contained the necessary minimum terms and conditions, and provided for the proper representation of employees. The Commission approved the agreement, emphasising its commitment to facilitating fair and effective enterprise bargaining.

Consequently, the Fair Work Commission granted approval for the Waterproof Products (WA) and CFMEU (WA) (The Esplanade Project) Enterprise Agreement 2020. This decision affirms the Commission's role in ensuring that enterprise agreements are fair, reasonable, and comply with the legislative framework. The approval of the agreement signifies the parties' commitment to resolving their industrial relations matters through a negotiated and mutually acceptable agreement, promoting a harmonious workplace environment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established