DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carter Roofing & Slating Pty Ltd
(AG2017/886)

CARTER ROOFING & SLATING PTY LTD ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER LEE	HOBART, 11 APRIL 2017

Application for approval of the Carter Roofing & Slating Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carter Roofing & Slating Pty Ltd Enterprise Agreement 2017 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 18 April 2017. The nominal expiry date of the Agreement is 10 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carter Roofing & Slating Pty Ltd brought an application to the Fair Work Commission (FWC) for approval of the Carter Roofing & Slating Pty Ltd Enterprise Agreement 2017. The company sought to have the agreement certified as a single interest enterprise agreement, which would apply to their employees. The application followed the negotiation of the agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU).

The central legal issue before the FWC was whether the enterprise agreement met the criteria for certification as a single interest enterprise agreement under the Fair Work Act 2009. The FWC needed to determine whether the agreement genuinely represented a single interest of the employees, was negotiated in good faith, and was not contrary to public policy. The FWC also had to consider whether the agreement complied with the provisions of the Act regarding minimum entitlements and dispute resolution mechanisms.

The FWC found that the agreement satisfied the criteria for certification. The company and the CFMMU had genuinely negotiated the agreement in good faith, and it adequately represented the single interest of the employees. The FWC was satisfied that the agreement did not contravene any provisions of the Act and did not conflict with public policy. The agreement included provisions for minimum entitlements and dispute resolution mechanisms, meeting the requirements of the Act. Consequently, the FWC certified the enterprise agreement as a single interest enterprise agreement.

The FWC certified the Carter Roofing & Slating Pty Ltd Enterprise Agreement 2017 as a single interest enterprise agreement, effective from the date of the FWC's decision. This certification ensures that the agreement will apply to the employees of Carter Roofing & Slating Pty Ltd, governing their terms and conditions of employment.

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