DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Roofing & Slating Pty Ltd
(AG2018/5119)

CARTER ROOFING & SLATING PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2019

Application for approval of the Carter Roofing & Slating Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Carter Roofing & Slating Pty Ltd 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 Carter Roofing & Slating Pty Ltd. 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.2 – Casual Employment;
• Clause 25 – Annual Leave.

However, noting clause 5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 17 January 2023.

COMMISSIONER

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CaseChat Overview and Summary

Carter Roofing & Slating Pty Ltd, an applicant, applied to the Fair Work Commission for approval of the Enterprise Agreement 2018. The agreement was made between Carter Roofing & Slating Pty Ltd and its employees, represented by the Building and Construction Union. The primary dispute involved the terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms outlined in the proposed agreement.

The legal issues before the Commission centred on whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" and if it contained any provisions that were contrary to public policy or contravened any provisions of the Fair Work Act. Additionally, the Commission had to assess whether the agreement was fairly negotiated and if it provided for the protection of employees' rights and entitlements.

The Fair Work Commission found that the Enterprise Agreement 2018 was fair and met the requirements of the Act. The Commission was satisfied that the agreement was negotiated in good faith and contained provisions that were better off overall for the employees. It was determined that the agreement did not contravene any public policy or the provisions of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2018.

The Fair Work Commission approved the Enterprise Agreement 2018, setting out the terms and conditions of employment between Carter Roofing & Slating Pty Ltd and its employees. The approval is effective from the date of the decision and will remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

Carter Roofing & Slating Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established