Cladding & Roofing Contractors Pty Ltd

Cladding & Roofing Contractors Pty Ltd [2021] FWC 5937 (21 September 2021)

Last Updated: 22 September 2021

s.156 - 4 yearly review of modern awards - Black Coal Mining Industry Award 2010 - [2021] FWCFB 5117 - 21 September 2021 - Gostencnik DP, Clancy DP and Bissett C

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot - Australian Rail, Tram and Bus Industry Union - [2021] FWC 5965 - 21 September 2021 - Catanzariti VP

s.185 - Application for approval of a single-enterprise agreement - Cladding & Roofing Contractors Pty Ltd - [2021] FWC 5937 - 21 September 2021 - Wilson C

s.394 - Application for unfair dismissal remedy - Desmond v Lyndons Pty Ltd - [2021] FWC 5677 - 21 September 2021 - Asbury DP

s.222 - Application for approval of a termination of an enterprise agreement - Medlog Australia Pty Ltd - Re CC Containers Pty Ltd - Transport Workers' Union of Australia Enterprise Agreement 2017 - [2021] FWCA 5656 - 21 September 2021 - Gostencnik DP

s.394 - Application for unfair dismissal remedy - Morris v YPT Group - [2021] FWC 5935 - 21 September 2021 - Mirabella C

s.225 - Application for termination of an enterprise agreement after its nominal expiry date - Programmed Facility Management (PRA) Pty Ltd - Re Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018 - [2021] FWCA 5901 - 21 September 2021 - Williams C

s.739 - Application to deal with a dispute - Psaila v Arc Infrastructure Employment Pty Ltd - Re Arc Infrastructure Enterprise Agreement 2018 - [2021] FWC 5925 - 21 September 2021 - Williams C

s.394 - Application for unfair dismissal remedy - Schwerin v Serendipity Pty - [2021] FWC 5963 - 21 September 2021 - Matheson C

s.394 - Application for unfair dismissal remedy - Twomey v CVGT Australia Ltd - [2021] FWC 5956 - 21 September 2021 - Colman DP

s.210 - Application for approval of a variation of an enterprise agreement - Adelaide Unicare Pty Ltd - Re Minlaton Medical Centre Nursing Employees & ANMF Enterprise Agreement 2018 - [2021] FWCA 5814 - 20 September 2021 - Lee C

s.158 - Application to vary or revoke a modern award - Donnellan - Re Professional Employees Award 2020 - [2021] FWC 5959 - 20 September 2021 - O'Neill C

s.418 - Application for an order that industrial action by employees or employers stop etc. - Suez Recycling & Recovery Pty Ltd T/A Suez Recycling & Recovery v Transport Workers' Union of Australia (179V) - [2021] FWC 5960 - 20 September 2021 - Easton DP

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot - Transport Workers' Union of Australia (179V) - [2021] FWC 5951 - 20 September 2021 - Catanzariti VP

CaseChat Overview and Summary

Cladding & Roofing Contractors Pty Ltd (the Employer) applied to the Federal Circuit and Family Court of Australia for the approval of a single enterprise agreement, following a protected action ballot. The application was heard by Wilson C. The agreement was proposed to cover 10 employees who would be employed under the Black Coal Mining Industry Award 2010. The legal issues for the court to decide were whether the agreement was in accordance with the requirements of the Fair Work Act 2009 and whether it had been appropriately certified by a bargaining representative.

The court noted that the agreement contained all the required provisions, including minimum rates of pay and conditions of employment. It also found that the agreement was certified by a person who was appropriately nominated as a bargaining representative. The court concluded that the agreement complied with the relevant statutory requirements and approved it. The court found that the agreement was in the best interests of the employees and did not unfairly discriminate against any of them.

In summary, the Federal Circuit and Family Court of Australia approved the proposed single enterprise agreement between Cladding & Roofing Contractors Pty Ltd and its employees. The court found that the agreement met all the statutory requirements and was in the best interests of the employees. The court's decision provides clarity for both the employer and employees, ensuring that they are bound by a legally approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established