DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bristile Roofing (East Coast) Pty Ltd T/A Bristile Roofing Victoria
(AG2015/569)

BRISTILE ROOFING DANDENONG ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 27 MARCH 2015

Application for approval of the Bristile Roofing Dandenong Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Bristile Roofing Dandenong Enterprise Agreement 2015 (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/as Bristile Roofing Victoria (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 28 February 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court was an application for approval of the Bristile Roofing Dandenong Enterprise Agreement 2015. The applicant, Bristile Roofing (East Coast) Pty Ltd T/A Bristile Roofing Victoria, sought approval of the agreement which was entered into between the company and the union representing its employees. The union in question was the United Voice Victoria Branch, formerly known as the Shop, Distributive and Allied Employees' Association. The dispute arose as the union argued that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Court was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the union contended that the agreement failed to provide for adequate minimum rates of pay for employees, as required by section 219 of the Act. The union further argued that the agreement did not comply with the "better off overall test" under section 233 of the Act, meaning that employees would not be better off overall if the agreement were to be approved. The Court was required to determine whether these contentions had merit and if the agreement should be approved.

In considering the union's arguments, the Court examined the provisions of the Fair Work Act and the terms of the proposed enterprise agreement. The Court found that the agreement did provide for minimum rates of pay in accordance with section 219 of the Act, noting that the rates were consistent with those set out in the applicable industry award. Furthermore, the Court concluded that the agreement satisfied the better off overall test under section 233 of the Act, as it provided for a number of benefits to employees that outweighed any potential disadvantages. Consequently, the Court approved the Bristile Roofing Dandenong Enterprise Agreement 2015, finding that it met the statutory requirements for approval.

As a result of the Court's decision, the Bristile Roofing Dandenong Enterprise Agreement 2015 was approved and came into effect. The agreement now governs the employment terms and conditions of the employees represented by the United Voice Victoria Branch at the applicant company.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established