DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cladding & Roofing Contractors Pty Ltd
(AG2018/6728)

CLADDING & ROOFING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 AUGUST 2019

Application for approval of the CLADDING & ROOFING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the CLADDING & ROOFING CONTRACTORS 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 Cladding & Roofing Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2019. The nominal expiry date of the Agreement is 21 May 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cladding & Roofing Contractors Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement. The applicant sought to implement a new enterprise agreement, the Cladding & Roofing Contractors Pty Ltd Enterprise Agreement 2018, which would replace the existing agreement. The Australian Building and Construction Union, the employee representative, contested the application on various grounds, including concerns about the agreement's fairness and compliance with relevant legislation.

The court was required to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in accordance with the relevant provisions of the Act, whether it provided for fair and reasonable terms and conditions, and whether it was free from any illegality or contravention of the Act. Additionally, the court had to assess whether the agreement provided for procedural fairness, which included ensuring that the employees had an opportunity to be heard and to express their views on the proposed agreement.

In making its decision, the commission considered the submissions from both parties, the evidence presented, and the relevant legal principles. The commission found that the agreement met the criteria for approval as it was made in accordance with the Act and provided for fair and reasonable terms and conditions. The commission also found that the agreement was free from any illegality or contravention of the Act and provided for procedural fairness. The commission approved the enterprise agreement, subject to certain conditions, including the requirement that the employer provide notice to employees of the agreement and allow them an opportunity to express their views.

Cladding & Roofing Contractors 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