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

[2024] FWCA 3118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/3031)

BRISTILE ROOFING DANDENONG ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER TRAN	MELBOURNE, 27 AUGUST 2024

Application for approval of the Bristile Roofing Dandenong Enterprise Agreement 2024

Bristile Roofing (East Coast) Pty Ltd T/A Bristile Roofing Victoria has applied for approval of an enterprise agreement known as Bristile Roofing Dandenong Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

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.

The Agreement is approved. In accordance with s 54 of the Act and despite Clause 3.3, the Agreement will operate from 3 September 2024.

In accordance with Clause 3.3, the nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Bristile Roofing (East Coast) Pty Ltd trading as Bristile Roofing Victoria and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Bristile Roofing Dandenong Enterprise Agreement 2024. The central legal issue before the commission was whether the enterprise agreement, as presented, complied with the requirements of the Fair Work Act 2009. This included determining if the agreement was fairly negotiated and if it met the criteria for a modern award, particularly in terms of minimum entitlements and conditions.

The Fair Work Commission undertook a detailed examination of the enterprise agreement, assessing it against the statutory framework provided by the Fair Work Act. The commission considered the process of negotiation, the content of the agreement, and its implications for the employees. The primary focus was on ensuring that the agreement did not disadvantage employees relative to their entitlements under a modern award and that it was made in good faith. The commission also evaluated the balance between the interests of the employer and the employees, ensuring that the agreement did not unfairly favour one party over the other.

Upon reviewing the evidence and submissions, the commission concluded that the Bristile Roofing Dandenong Enterprise Agreement 2024 was fairly negotiated and met the necessary criteria under the Fair Work Act. The agreement provided for minimum entitlements and conditions that were not less favourable than those in the relevant modern award, and it was deemed to be made in good faith. The commission approved the agreement, highlighting the importance of maintaining a fair and balanced industrial relations environment. As a result, the agreement was endorsed, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established