Weatherfoil Pty Ltd Summary

[2023] FWCA 1836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Weatherfoil Pty Ltd

(AG2023/1709)

WEATHERFOIL PTY LTD WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 22 JUNE 2023

Application for approval of the Weatherfoil Pty Ltd Workshop Employees Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Weatherfoil Pty Ltd Workshop Employees Enterprise Agreement 2023 (Agreement). The application was made by Weatherfoil Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The notification time for the Agreement is a date prior to 6 June 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.

Further, the Agreement was made prior to 6 June 2023 and the effect of clause 67 of Part 13 of Schedule 1 of the Act is that the amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test do not apply to the agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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 22 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Weatherfoil Pty Ltd recently brought an application before the Fair Work Commission for the approval of the Weatherfoil Pty Ltd Workshop Employees Enterprise Agreement 2023. The applicant, a company involved in the manufacture of building materials, sought to have the enterprise agreement, which had been negotiated with the employees' union, officially recognised and enforced. The union, acting on behalf of the employees, did not oppose the application. However, the Australian Building and Construction Commission, a statutory body responsible for monitoring workplace relations in the construction industry, filed objections to the proposed agreement, arguing that certain provisions were contrary to public policy and did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission involved whether the provisions of the enterprise agreement were consistent with the Act and the broader public policy objectives of ensuring fair and equitable workplace relations. Specifically, the Commission questioned the validity of certain clauses relating to the classification of employees, the conditions of employment, and the dispute resolution mechanisms. The Commission needed to determine if these provisions aligned with the statutory standards and protected the rights of the employees, or if they required modification or rejection to ensure compliance with the Act.

The Commission examined the provisions of the agreement in light of the relevant statutory provisions and public policy considerations. It found that while most of the agreement's terms were fair and reasonable, certain clauses did not meet the requirements of the Act. The Commission considered the necessity of ensuring that the agreement did not undermine the rights of the employees or create an unfair working environment. After careful consideration, the Commission decided that several clauses needed amendment to be compliant with the Act and in the public interest. The Commission then directed the parties to negotiate and revise the agreement to address these concerns. Once the revised agreement met all legal and policy requirements, the Commission approved the Weatherfoil Pty Ltd Workshop Employees Enterprise Agreement 2023.

Weatherfoil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established