Waterproof Products (Australia) Pty Ltd Summary

[2023] FWCA 1842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Waterproof Products (Australia) Pty Ltd

(AG2023/1747)

WATERPROOF PRODUCTS AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 22 JUNE 2023

Application for approval of the Waterproof Products Australia Enterprise Agreement 2023

Introduction

Waterproof Products (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Waterproof Products Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2023. The nominal expiry date of the Agreement is 29 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) was by Waterproof Products (Australia) Pty Ltd for the approval of the Waterproof Products Australia Enterprise Agreement 2023. The dispute arose from the proposed agreement between the company and the union, Australian Manufacturing Workers Union (AMWU), representing the employees. The FWC was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The legal issues central to the case involved whether the agreement met the criteria for registration as a single interest employer agreement and whether it complied with the provisions of the Fair Work Act. Key points of contention included whether the agreement provided for fair and reasonable terms and conditions, and if it satisfied the good faith bargaining requirements. Additionally, the FWC had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The FWC determined that the agreement was compliant with the Act and met the criteria for registration. The FWC found that the terms and conditions of the agreement were fair and reasonable, taking into account the broader economic and labour market context. The FWC also concluded that the bargaining process was conducted in good faith, with both parties demonstrating a genuine effort to reach a consensus. The FWC emphasised that the agreement provided for appropriate protections and benefits for employees, while also allowing the employer to manage its business effectively. Consequently, the FWC approved the agreement.

In approving the agreement, the FWC set out the terms and conditions that would apply to the employees, including wages, hours of work, leave entitlements, and other employment-related matters. The FWC noted that the agreement provided a framework for addressing workplace issues and ensuring a harmonious workplace environment. The approval of the agreement was a significant outcome for both the employer and the union, as it provided certainty and stability for the employees and the business operations.

Waterproof Products (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established