Weathertex Supply Pty Ltd

[2013] FWCA 868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Weathertex Supply Pty Ltd
(AG2013/4829)

WEATHERTEX SUPPLY PTY LIMITED RAYMOND TERRACE ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Weathertex Supply Pty Limited Raymond Terrace Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Weathertex Supply Pty Limited Raymond Terrace Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Weathertex Supply Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 February 2013. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Weathertex Supply Pty Ltd sought approval of an enterprise agreement concerning its employees in Raymond Terrace. The application was made under section 231 of the Fair Work Act 2009. The court had to determine whether the agreement met the requirements of the Act, including that it was made in good faith and that it provided for matters such as pay and other conditions of employment. The court was also required to consider whether the agreement was in the best interests of the employees and if it had been properly certified by the Fair Work Commission.

The court found that the enterprise agreement had been made in good faith and contained all the required terms. It noted that the agreement had been certified by the Fair Work Commission, which was a strong indication that it met the statutory requirements. The court also concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The court found that the agreement met all the necessary criteria and approved it under section 231 of the Fair Work Act 2009.

The court ordered that the Weathertex Supply Pty Limited Raymond Terrace Enterprise Agreement 2013-2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement would now have the force of a registered agreement and would be binding on all parties. The court also ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accountability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established