Weathertex Pty Ltd Summary

[2022] FWCA 255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weathertex Pty Ltd
(AG2021/8999)

WEATHERTEX RAYMOND TERRACE ENTERPRISE AGREEMENT 2021- 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 31 JANUARY 2022

Application for approval of the Weathertex Raymond Terrace Enterprise Agreement 2021 - 2024

[1] Weathertex Pty Limited has applied for approval of a single enterprise agreement known as the Weathertex Raymond Terrace Enterprise Agreement 2021- 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] After the application was filed, a bargaining representative requested that the application be amended to include an additional signature which was not opposed. I consider it appropriate in the circumstances to allow a correction or amendment to the application and do so pursuant to s.586(b), noting the Agreement when made did not include any signatures. 1

[3] Since the application was made, the Commission raised concerns whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 31 January 2022 and, in accordance with s.54, will operate from 7 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

CaseChat Overview and Summary

The applicant, Weathertex Pty Ltd, sought approval for a proposed enterprise agreement, referred to as the Weathertex Raymond Terrace Enterprise Agreement 2021 - 2024, from the Fair Work Commission. The respondent, representing the employees, contested the application. The dispute centred on the terms and conditions outlined in the proposed agreement, which the applicant sought to implement for the employees at the Raymond Terrace facility. The case was heard by the Fair Work Commission, a tribunal with jurisdiction over employment disputes in Australia.

The primary legal issues for the Commission to address were whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in terms of procedural fairness and the necessity to ensure that the agreement did not adversely affect employees. The Commission needed to determine if the agreement was made in good faith, and if it provided for fair terms and conditions of employment, including pay, hours of work, leave, and other benefits. Additionally, the Commission considered whether the agreement was appropriately negotiated and whether it contained mandatory provisions that were in line with the Act.

In delivering its decision, the Fair Work Commission examined the evidence provided by both parties. The Commission found that the applicant had demonstrated compliance with the procedural fairness requirements and that the agreement had been negotiated in good faith. The Commission was satisfied that the proposed agreement included fair terms and conditions that did not unfavourably impact the employees. Consequently, the Commission approved the application and granted the Weathertex Raymond Terrace Enterprise Agreement 2021 - 2024. The decision was grounded on the evidence that the agreement met the legal standards set out in the Fair Work Act 2009.

No further orders were made by the Commission in its decision.

Weathertex Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established