DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bristile Roofing (East Coast) Pty Ltd T/A Bristile Roofing
(AG2018/3572)

BRISTILE ROOFING DANDENONG ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Bristile Roofing Dandenong Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bristile Roofing Dandenong Enterprise Agreement 2018. (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 T/A Bristile Roofing. 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bristile Roofing (East Coast) Pty Ltd, trading as Bristile Roofing, which sought approval for the Bristile Roofing Dandenong Enterprise Agreement 2018. The application was before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal criteria for approval. The primary concern was whether the agreement provided for the compulsory resolution of all existing and future workplace disputes, as required by the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement contained sufficient provisions for the compulsory resolution of workplace disputes. Specifically, the Commission had to assess whether the agreement's dispute resolution mechanisms were adequate and in compliance with statutory requirements. The application hinged on the interpretation of the terms of the agreement and whether they met the legislative standards for dispute resolution.

The Fair Work Commission found that the agreement did not adequately provide for the compulsory resolution of all existing and future workplace disputes as mandated by the Fair Work Act. The Commission noted that the agreement lacked specific provisions for the resolution of disputes, which was a critical requirement for its approval. Consequently, the application for approval of the enterprise agreement was dismissed. The Commission highlighted that without proper dispute resolution mechanisms, the agreement could not be deemed compliant with the statutory requirements.

The Fair Work Commission dismissed the application for approval of the Bristile Roofing Dandenong Enterprise Agreement 2018. The decision underscored the importance of including comprehensive and enforceable dispute resolution provisions within enterprise agreements to ensure compliance with the Fair Work Act.

Bristile Roofing (East Coast) Pty Ltd T/A Bristile Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established