DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AFM Roofing (Vic) Pty Ltd
(AG2016/2801)

AFM ROOFING ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 26 MAY 2016

Application for approval of the AFM Roofing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AFM Roofing Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AFM Roofing (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AFM Roofing (Vic) Pty Ltd was the subject of an application for approval of the AFM Roofing Enterprise Agreement 2016. The application was made by AFM Roofing to the Fair Work Commission, and the dispute involved whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was heard by the Commission, which needed to decide if the agreement was fair and reasonable, and if it contained the necessary provisions for employees' protection.

The key legal issues before the Commission were whether the agreement was made without coercion, contained the minimum entitlements as prescribed by the Act, and whether it was procedurally fair. Additionally, the Commission had to consider if the agreement met the requirements for independent advice and if it provided a safety net for employees.

The Commission found that the agreement was procedurally fair, as it was negotiated in good faith, and the parties had followed a proper process. The agreement contained the minimum entitlements required by the Act, and employees had been provided with independent advice. The Commission was satisfied that the agreement was fair and reasonable, and it provided an effective safety net for employees. Consequently, the Commission approved the AFM Roofing Enterprise Agreement 2016.

The Fair Work Commission approved the AFM Roofing Enterprise Agreement 2016, and it came into effect from the date of the approval. The decision ensures that the agreement is binding on the parties and provides a framework for the employment relationship between AFM Roofing and its employees. The approval also provides certainty and stability to the employees, as the agreement sets out their rights and obligations.

AFM Roofing (Vic) 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