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

[2013] FWCA 6929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bristile Roofing (East Coast) Pty Ltd T/A Bristile Roofing
(AG2013/8703)

BRISTILE ROOFING (EAST COAST) WACOL EMPLOYEE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 SEPTEMBER 2013

Application for approval of the Bristile Roofing (East Coast) Wacol Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bristile Roofing (East Coast) Wacol Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 20 September 2013. The nominal expiry date of the Agreement is20 September 2016.

DEPUTY PRESIDENT

Annexure A

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 of the Bristile Roofing (East Coast) Wacol Employee Enterprise Agreement 2013. The matter was heard by the Fair Work Commission, where the employer applied for the agreement to be approved as a simple greenfields agreement under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement satisfied the requirements for approval and if it met the standards for a simple greenfields agreement.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, and if it contained the minimum terms and conditions as mandated by the Fair Work Act. Additionally, the Commission needed to assess whether the agreement was appropriately structured as a simple greenfields agreement, which allows for streamlined processes in certain circumstances.

The Commission examined the negotiation process and found that the agreement had indeed been genuinely negotiated between the employer and the employees. It was confirmed that the agreement included all the mandatory minimum terms and conditions required by the Fair Work Act. Furthermore, the Commission concluded that the agreement met the criteria for a simple greenfields agreement due to its straightforward nature and compliance with legislative requirements. The application for approval was subsequently granted, and the agreement was certified as meeting the necessary standards.

The Fair Work Commission approved the Bristile Roofing (East Coast) Wacol Employee Enterprise Agreement 2013 as a simple greenfields agreement. This decision was based on the genuine negotiation of the agreement, its inclusion of all mandatory terms and conditions, and its compliance with the legislative requirements for such agreements. The Commission's approval ensures that the agreement is recognised and enforceable under 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