Axis Metal Roofing (Sa) Pty Ltd T/A Axis Metal Roofing (Sa) Pty Ltd

[2023] FWCA 609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Axis Metal Roofing (Sa) Pty Ltd T/A Axis Metal Roofing (Sa) Pty Ltd

(AG2023/267)

Axis Metal Roofing (SA) Pty Ltd Enterprise Agreement 2022 - 2026

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 24 FEBRUARY 2023

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

An application has been made for approval of an enterprise agreement known as the Axis Metal Roofing (SA) Pty Ltd Enterprise Agreement 2022 - 2026 (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 (Sa) Pty Ltd T/A Axis Metal Roofing (Sa) Pty Ltd. The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 23 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Axis Metal Roofing (SA) Pty Ltd applied for approval of its Enterprise Agreement for the period 2022-2026. The agreement was made between the company and its employees, who are represented by the Electrical Trades Union of Australia. The dispute centred on whether the agreement met the necessary standards under the Fair Work Act 2009 and Fair Work Regulations 2009. The court had to decide if the agreement contained all the minimum terms and conditions, and whether it was made in good faith and without coercion.

The primary legal issues were whether the agreement contained the minimum terms and conditions set out in Schedule 1 of the Fair Work Regulations, and whether it was made without any improper influence or coercion. The court also had to consider if the agreement met the "better off overall test" to ensure that the employees were not worse off financially under the new agreement. Additionally, the court examined if the agreement was consistent with the principles of procedural fairness and good faith bargaining.

The Commission found that the agreement did contain all the minimum terms and conditions and was made without coercion. The agreement was also found to meet the better off overall test, and the bargaining process was deemed to be fair. The Commission concluded that the agreement was made in good faith and without any procedural unfairness. Therefore, the application for approval of the Enterprise Agreement was successful.

The Fair Work Commission approved the Enterprise Agreement for the period 2022-2026. The approval was granted subject to the terms and conditions set out in the agreement, which now governs the employment relationship between Axis Metal Roofing (SA) Pty Ltd and its employees. The decision ensures that the agreement remains in force until superseded by a new agreement or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established