Brylutre Pty Ltd ATF The I Davey Family Trust T/A Irontek Roofing

[2014] FWCA 2243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brylutre Pty Ltd ATF The I Davey Family Trust T/A Irontek Roofing
(AG2013/10292)

BRYLUTRE PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 APRIL 2014

Application for approval of the Brylutre Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brylutre Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brylutre Pty Ltd as trustee for the I Davey Family Trust trading as Irontek Roofing. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 4 April 2014 and, in accordance with s.54, will operate from 11 April 2014. The nominal expiry date of the Agreement is 4 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Brylutre Pty Ltd ATF The I Davey Family Trust trading as Irontek Roofing, the Fair Work Commission (FWC) was presented with an application for the approval of the Brylutre Pty Ltd Enterprise Agreement 2013. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically concerning the criteria for the approval of enterprise agreements under the Act. The applicant sought approval of the agreement, which was entered into between the employer and the employees, to ensure it complied with the requirements set out in the legislation.

The central legal issues that the FWC had to resolve included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether the agreement met the 'better off overall test' (BOOT). This test requires that the employees be no worse off and at least some employees be better off financially under the agreement compared to the applicable award or safety net. Additionally, the FWC had to consider whether the agreement was made in good faith and whether it complied with the 'public interest' test, which mandates that the agreement should not be contrary to public policy or detrimental to the broader economic interests of the community.

The FWC examined the evidence and submissions from both the employer and the employees, assessing the procedural fairness of the agreement-making process and the financial implications for the employees. The FWC found that the agreement was made in good faith and that the necessary procedural requirements were met. Moreover, the FWC determined that the agreement met the BOOT and did not contravene any public interest considerations. Consequently, the FWC approved the Brylutre Pty Ltd Enterprise Agreement 2013, affirming its compliance with the statutory requirements and its positive impact on the employees' conditions.

In its decision, the FWC made orders approving the Brylutre Pty Ltd Enterprise Agreement 2013, effective from the date of the decision. The FWC also directed that the agreement be registered with the Fair Work Commission, thereby providing legal effect to the terms and conditions outlined within it. This approval ensures that the agreement governs the employment relationship between Brylutre Pty Ltd and its employees, subject to the terms and protections provided 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