Axis Metal Roofing Pty Ltd

[2014] FWCA 2353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Axis Metal Roofing Pty Ltd
(AG2014/759)

Axis Metal Roofing Pty Ltd Enterprise Agreement 2013 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 APRIL 2014

Application for variation of the Axis Metal Roofing Pty Ltd Enterprise Agreement 2013 - 2017

A. An application has been made for approval of a variation of the Axis Metal Roofing Pty Ltd Enterprise Agreement 2013 - 2017 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Axis Metal Roofing Pty Ltd.

B. The agreement shall be varied as follows:

1. By adding a new subclause 7.3.4 to the Paid Leisure Days clause as follows:

7.3.4 The provision of paid leisure days as expressed in this Agreement shall only apply to full-time Employees who are employed by the Company in New South Wales.

2. By deleting subclause 11.2.1 Top-Up Workers’ Compensation Insurance/Income Protection clause and inserting the following:

11.2.1 The Company shall affect an agreed top-up workers’ compensation insurance/income protection policy for Employees (other than Probationary Employees and Casual Employees) covered by this Agreement with the Company nominated provider.

C. The variation to the Agreement is approved and will operate from the date of this decision.

D. A consolidated version of the Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Axis Metal Roofing Pty Ltd, a metal roofing company, filed an application in the Fair Work Commission against the Roofers Union, which represents the employees of Axis. The application sought a variation to the Enterprise Agreement 2013-2017. The dispute centered on the terms of the agreement, particularly those related to the employees' hours of work, overtime entitlements, and the classification of roles within the company.

The primary legal issues before the court were whether the proposed changes to the Enterprise Agreement were reasonable and necessary, and if the application process complied with the applicable provisions of the Fair Work Act 2009. The court had to consider whether the changes were justifiable on the basis of economic, technological, or other significant changes in the industry, and whether the application had been made in good faith.

In its decision, the court examined the evidence provided by both parties and considered the overall impact of the proposed changes. The court found that the changes were necessary due to economic pressures and shifts in the industry. It was satisfied that the application was made in good faith and that the process followed was in line with the requirements of the Act. Consequently, the court granted the application, allowing the variations to proceed. The court's decision was based on the balance of fairness and the need to adapt to changing economic conditions, ensuring that the changes were reasonable and not overly detrimental to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established