Axis Metal Roofing Pty Ltd

[2014] FWCA 1062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Axis Metal Roofing Pty Ltd
(AG2013/10523)

AXIS METAL ROOFING PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 FEBRUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Axis Metal Roofing Pty Ltd Enterprise Agreement 2013 - 2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Metal Roofers Union, sought approval for the Axis Metal Roofing Pty Ltd Enterprise Agreement 2013-2017. The respondent, Axis Metal Roofing Pty Ltd, opposed the application on various grounds, primarily challenging the fairness of certain provisions within the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it was, in fact, fair.

The central legal issue before the Commission was whether the agreement contained terms that unfairly disadvantaged employees. The respondent argued that certain provisions related to hours of work, overtime, and penalty rates were not fair. The Commission had to consider whether these provisions met the criteria for fairness as stipulated in the Fair Work Act 2009. Specifically, the analysis involved assessing whether the agreement provided for terms and conditions that were no worse off and, where appropriate, better off than the applicable award or safety net.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement was, overall, fair and met the statutory requirements for approval. The Commission noted that while some provisions could be seen as challenging for employees, they did not meet the threshold of unfairness. The respondent's concerns regarding certain terms were addressed by the balance of other provisions within the agreement, which provided adequate protections and benefits for employees. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Axis Metal Roofing Pty Ltd Enterprise Agreement 2013-2017 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Axis Metal Roofing Pty Ltd as specified within the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established