DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axis Metal Roofing Pty Ltd
(AG2018/2277)

AXIS METAL ROOFING PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

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

Application for approval of the Axis Metal Roofing Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Axis Metal Roofing Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axis Metal Roofing 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.

[3] 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 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Axis Metal Roofing Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Enterprise Agreement 2018-2022. The application was made by the employer, who sought to have the agreement approved under section 231 of the Fair Work Act 2009. The dispute centred around various terms and conditions of employment within the metal roofing industry, specifically addressing wages, working hours, and employee benefits.

The legal issues that the Commission was required to address included whether the agreement was genuinely a product of bargaining between the employer and employees, and if the terms of the agreement met the criteria for "better off overall" as required by the Fair Work Act. Furthermore, the Commission had to determine if the agreement was consistent with the relevant award provisions and if it complied with the good faith bargaining requirements of the Act.

In its decision, the Commission found that the agreement was indeed a genuine product of bargaining between the parties. It noted that the employer had demonstrated a willingness to engage in negotiations and had made several concessions throughout the process. The Commission also concluded that the terms of the agreement were better off overall for the employees, as they provided for increased wages, improved working conditions, and enhanced benefits. Finally, the Commission determined that the agreement was consistent with the relevant award provisions and complied with the good faith bargaining requirements of the Fair Work Act.

The Fair Work Commission approved the Axis Metal Roofing Pty Ltd Enterprise Agreement 2018-2022, subject to the specific conditions outlined in the decision. The agreement will now serve as the governing document for the employment terms and conditions of the metal roofing industry within the specified period.

Axis Metal Roofing 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