Axis Metal Roofing Pty Ltd Summary

[2023] FWCA 158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Axis Metal Roofing Pty Ltd

(AG2022/5490)

AXIS METAL ROOFING PTY LTD ENTERPRISE AGREEMENT 2022 - 2026

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 JANUARY 2023

Application for approval of the Axis Metal Roofing Pty Ltd Enterprise Agreement 2022 - 2026

Axis Metal Roofing Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Axis Metal Roofing Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 17 January 2023 and, in accordance with s 54, will operate from 24 January 2023. The nominal expiry date of the Agreement is 17 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the matter of Axis Metal Roofing Pty Ltd involved a dispute over the approval of an enterprise agreement. The applicant, Axis Metal Roofing Pty Ltd, sought approval for its proposed enterprise agreement for the period 2022-2026. The application was made under section 233 of the Fair Work Act 2009, and the parties involved were Axis Metal Roofing Pty Ltd and the Metal Trades Industry Association of Australia.

The primary legal issue before the commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the commission had to determine if the agreement met the requirements for employee involvement, the bargaining process, and the provisions for unfair dismissal, redundancy, and termination of employment. The commission also had to ensure the agreement did not undermine the existing rights and entitlements of employees under the national workplace relations system.

The commission considered the evidence presented by both parties and examined the proposed agreement in detail. The commission found that the agreement was generally in compliance with the legislative requirements, including those relating to employee involvement and the bargaining process. However, the commission identified some concerns regarding the provisions for unfair dismissal, redundancy, and termination of employment. After considering the submissions from both parties and making appropriate adjustments, the commission was satisfied that the agreement could be approved with modifications to address the identified concerns. The commission approved the enterprise agreement with the necessary changes, ensuring that it complied with the Fair Work Act and the Fair Work Regulations.

The final orders of the commission included the approval of the Axis Metal Roofing Pty Ltd Enterprise Agreement 2022-2026, subject to the modifications made to the provisions for unfair dismissal, redundancy, and termination of employment. The agreement was to be registered by the commission, and the parties were directed to take all necessary steps to give effect to the approved agreement. The commission also directed the parties to provide a copy of the approved agreement to the Fair Work Ombudsman for publication on its website.

Axis Metal Roofing Pty Ltd

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