DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wetspot Consolidated (VIC) Pty Ltd T/A Wetspot Waterproofing and Tiling
(AG2018/2089)

WETSPOT CONSOLIDATED AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Wetspot Consolidated and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Wetspot Consolidated and CFMEU (WA) Enterprise Agreement 2016-2020 (the Agreement). The application was made by Wetspot Consolidated (VIC) Pty Ltd T/A Wetspot Waterproofing and Tiling pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Wetspot Consolidated (VIC) Pty Ltd, trading as Wetspot Waterproofing and Tiling, applied to the Fair Work Commission for the approval of an enterprise agreement. The Construction, Forestry, Maritime, Mining and Energy Union (WA) represented the employees. The dispute involved the terms and conditions of employment under the proposed agreement for the period 2016-2020. The matter was heard by the Fair Work Commission, which has jurisdiction over matters involving the approval of enterprise agreements.

The legal issues the court had to decide included whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically if it contained the necessary minimum terms and conditions, and if it was fairly negotiated. The court also considered whether the agreement was in the best interests of the employees and whether it complied with the "better off overall test" to ensure employees were not worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and contained all the necessary minimum terms and conditions. The court concluded that the agreement met the "better off overall test" and was in the best interests of the employees. The decision was based on the detailed evidence presented regarding the negotiation process, the financial analysis, and the benefits provided to the employees under the new agreement. The Commission approved the enterprise agreement, ensuring it would come into effect as per the stipulated dates.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision provided clarity for both the employer and the employees, establishing the terms and conditions of employment for the specified period.

Wetspot Consolidated (VIC) Pty Ltd T/A Wetspot Waterproofing and Tiling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established