DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bristile Roofing (East Coast) Pty Ltd
(AG2017/754)

BRISTILE ROOFING (EAST COAST) WACOL EMPLOYEE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	SYDNEY, 30 MARCH 2017

Application for approval of the Bristile Roofing (East Coast) Wacol Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bristile Roofing (East Coast) Wacol Employee 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 Bristile Roofing (East Coast) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 30 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bristile Roofing (East Coast) Pty Ltd was the applicant in a proceeding before the Fair Work Commission, seeking approval of an Enterprise Agreement under the Fair Work Act 2009. The respondent was a trade union representing employees of the company. The dispute centred on the terms of the proposed Employee Enterprise Agreement 2017, which the company aimed to implement across its operations in Queensland.

The primary legal issues the Commission had to resolve were whether the agreement fulfilled the "better off overall test" (BOOT) and if it complied with the "no disadvantaging test" as mandated by the Fair Work Act. Additionally, the Commission needed to determine if the agreement was fairly negotiated and if it adhered to the procedural requirements for Enterprise Agreements, including whether the company had correctly identified the appropriate bargaining unit and if the requisite majority of employees had been consulted.

In its decision, the Commission found that the agreement met the BOOT, as it provided employees with improved terms and conditions compared to their previous entitlements. The Commission also determined that the agreement did not disadvantage any employee in comparison to those not covered by the agreement. Furthermore, the Commission was satisfied that the agreement was fairly negotiated and adhered to the necessary procedural requirements, including proper identification of the bargaining unit and adequate consultation with employees. The Commission approved the agreement, finding it to be compliant with the legislative framework.

The Commission's final order was the approval of the Employee Enterprise Agreement 2017, which would now apply to the employees of Bristile Roofing (East Coast) Pty Ltd in Queensland. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment conditions of the employees as per the approved document.

Bristile Roofing (East Coast) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established