Ace Gutters Pty Ltd Summary

[2025] FWCA 260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ace Gutters Pty Ltd

(AG2024/4695)

ACE GUTTERS GROUP ENTERPRISE AGREEMENT 2025

Manufacture and supply of roofing products industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 JANUARY 2025

Application for approval of the Ace Gutters Group Enterprise Agreement 2025

An application has been made by Ace Gutters Pty Ltd (Applicant) for approval of an enterprise agreement known as the Ace Gutters Group Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.

Section 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A. Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 29A, Workplace delegates’ rights, in the Road Transport and Distribution Award 2020 is to be taken to be a term of the Agreement.

The Agreement was approved on 30 January 2025 and will operate from 6 February 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ace Gutters Pty Ltd was involved in an application before the Fair Work Commission for the approval of a proposed group enterprise agreement, the Ace Gutters Group Enterprise Agreement 2025. The application was brought by Ace Gutters Pty Ltd, seeking the approval of the agreement which was intended to regulate the terms and conditions of employment for employees across various subsidiaries within the Ace Gutters Group.

The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the process for making a group enterprise agreement, and whether the agreement was appropriately registered with the Fair Work Ombudsman. The Commission had to determine if the agreement was made in good faith, whether it was fairly negotiated, and if it contained the necessary provisions as stipulated by the Act.

The Fair Work Commission found that the proposed agreement complied with the necessary procedural and substantive requirements under the Act. The Commission noted that the agreement was made in good faith and was fairly negotiated. It also found that the agreement contained all the requisite provisions and met the criteria for approval under the Fair Work Act 2009. The Commission approved the Ace Gutters Group Enterprise Agreement 2025, thereby resolving the application in favour of Ace Gutters Pty Ltd.

Ace Gutters Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established