Cladding and Roofing Contractors Pty Ltd

[2014] FWCA 7807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cladding and Roofing Contractors Pty Ltd
(AG2014/9636)

CLADDING & ROOFING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 NOVEMBER 2014

Application for approval of the Cladding & Roofing Contractors Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cladding & Roofing Contractors Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cladding & Roofing Contractors Pty Ltd. The Agreement is a single-enterprise agreement.

[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 Construction, Forestry, Mining and Energy 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 5 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cladding and Roofing Contractors Pty Ltd sought approval of their Enterprise Agreement 2014, which was filed with the Fair Work Commission. The application was brought forward to address the validity and enforceability of the agreement between the employer and the employees in the cladding and roofing industry. The court was tasked with ensuring that the agreement met the necessary legal standards under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was made in accordance with the Fair Work Act's requirements, including if it was genuinely a product of bargaining and if it contained the mandated minimum terms and conditions. The court also examined whether the agreement provided adequate protections for employees and whether it was consistent with the broader public interest.

The court found that the agreement was genuinely bargained and included all required minimum terms. It provided fair and reasonable protections for the employees, addressing their needs and the nature of their work. The court was satisfied that the agreement did not undermine the public interest and upheld the spirit of the Fair Work Act. Consequently, the court approved the application for the agreement's registration.

The court ordered that the Cladding & Roofing Contractors Pty Ltd Enterprise Agreement 2014 be registered, thus making it legally binding and enforceable under the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement are upheld, providing clarity and stability for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established