Weathertex Pty Ltd Summary

[2024] FWCA 3897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Weathertex Pty Ltd

(AG2024/3882)

WEATHERTEX RAYMOND TERRACE ENTERPRISE AGREEMENT 2024 – 2027.

Building services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 7 NOVEMBER 2024

Application for approval of the Weathertex Raymond Terrace Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Weathertex Raymond Terrace Enterprise Agreement 2024 – 2027 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 7.3 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union (CEPU) and the Australian Workers’ Union (AWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, CEPU and AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Weathertex Pty Ltd applied for the approval of a new enterprise agreement, covering the period from 2024 to 2027, at the Fair Work Commission. The agreement aimed to regulate the terms and conditions of employment for employees in the Raymond Terrace enterprise of Weathertex Pty Ltd. The application was contested by the Australian Manufacturing Workers Union, which argued that the agreement did not adequately protect employees' rights and conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fairly negotiated, provided adequate protections for employees, and complied with relevant statutory provisions. The Commission also considered whether the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new terms.

The Commission found that the agreement was fairly negotiated and provided adequate protections for employees, meeting the statutory requirements for approval. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and did not disadvantage employees. Furthermore, the Commission determined that the agreement passed the better off overall test, as employees would not be worse off financially under the new terms. Therefore, the Commission approved the application for the Weathertex Raymond Terrace Enterprise Agreement 2024–2027.

The Fair Work Commission approved the application for the Weathertex Raymond Terrace Enterprise Agreement 2024–2027. The decision was made on the basis that the agreement was fairly negotiated, provided adequate protections for employees, and complied with the statutory provisions of the Fair Work Act 2009. Additionally, the agreement satisfied the better off overall test, ensuring that employees were not worse off financially.

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