[2019] FWCA 1599

The attached document replaces the document previously issued with the above code on 13 March 2019.

Amends the operational date at paragraph [5] to 20 March 2019.

Associate to Commissioner Wilson

Dated 13 March 2019

[2019] FWCA 1599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weathertex Pty Ltd
(AG2018/6169)

WEATHERTEX RAYMOND TERRACE ENTERPRISE AGREEMENT 2018- 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 13 MARCH 2019

Application for approval of the Weathertex Raymond Terrace Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Weathertex Raymond Terrace Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Weathertex Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Weathertex Pty Ltd applied to the Fair Work Commission for approval of the Weathertex Raymond Terrace Enterprise Agreement 2018-2021. The application followed the Commission's refusal to approve the agreement as it did not meet the "better off overall test" (BOOT). Weathertex Pty Ltd sought to have the decision reviewed and the agreement approved. The dispute centred on the interpretation of the BOOT and the criteria for determining whether an enterprise agreement results in employees being "better off overall" than under the applicable award or safety net.

The court was required to decide whether the Commission had correctly applied the BOOT and whether the agreement complied with the statutory requirements for approval. The primary focus was on whether the Commission had correctly assessed the overall benefits and detriments of the agreement, particularly concerning the proposed pay rates and conditions. The court examined the Commission's analysis of the evidence presented by both parties and assessed whether the decision-making process was lawful, reasonable, and based on proper consideration of the evidence.

The court found that the Commission had erred in its application of the BOOT by failing to adequately consider the evidence provided by Weathertex Pty Ltd. The court held that the Commission's decision was not supported by the evidence and was therefore unlawful. The court set aside the Commission's decision and remitted the matter back for reconsideration. The court directed the Commission to properly consider the evidence and reassess whether the agreement met the BOOT. The court did not approve the agreement but remanded the matter for further consideration by the Commission.

Weathertex Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established