DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Montoro Pty Ltd T/A Boral Roofing Wyee
(AG2017/4110)

BORAL ROOFING WYEE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Boral Roofing Wyee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Roofing Wyee Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Montoro Pty Ltd T/A Boral Roofing Wyee. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boral Montoro Pty Ltd, trading as Boral Roofing Wyee, applied for the approval of the Boral Roofing Wyee Enterprise Agreement 2017. The respondents, including various trade unions, opposed the application. The dispute centred around the terms and conditions proposed in the enterprise agreement, particularly concerning the classification of employees, wages, and other employment-related matters.

The central legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test," ensuring that no employee would be worse off and at least one employee would be better off overall. The Commission also needed to consider if the agreement included all mandated provisions and did not unfairly discriminate against any group of employees.

The Fair Work Commission, after reviewing the submissions and evidence presented, found that the proposed enterprise agreement substantially complied with the statutory requirements. The Commission concluded that the agreement met the better off overall test and did not unfairly discriminate against any employees. The Commission also noted that while there were some minor procedural issues, these did not significantly impact the overall fairness of the agreement. Consequently, the Commission approved the Boral Roofing Wyee Enterprise Agreement 2017.

Boral Montoro Pty Ltd T/A Boral Roofing Wyee

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established