DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporate Roofing Pty Ltd
(AG2016/1452)

CR ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the CR Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CR Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corporate Roofing 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 22 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Corporate Roofing Pty Ltd, applied for the approval of the CR Enterprise Agreement 2016, which had been submitted to the Fair Work Commission for endorsement. The respondent, a trade union, opposed the application. The case was heard in the Fair Work Commission, where the primary focus was on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement complied with the provisions of the Act, including whether it contained all the mandatory terms and conditions as required by the law, and if it had been genuinely agreed upon by the parties involved.

The Commission examined the agreement clause by clause, considering whether each term was appropriate and in line with the statutory requirements. It assessed whether the agreement appropriately addressed all mandatory terms, such as minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also evaluated if the agreement had been genuinely negotiated and not imposed unilaterally. In its decision, the Commission found that while the agreement contained most of the required terms, some provisions were lacking or did not comply with the Act. Despite the minor shortcomings, the Commission concluded that the overall agreement was in the best interests of the employees and the employer, and approved the agreement with certain modifications to ensure compliance with the statutory requirements.

The Fair Work Commission approved the CR Enterprise Agreement 2016, subject to amendments that addressed the identified deficiencies. The modifications included the incorporation of missing mandatory terms and ensuring that all provisions met the legal standards set out in the Fair Work Act 2009. The decision highlighted the importance of thorough compliance with statutory requirements to ensure that enterprise agreements serve the best interests of both employers and employees. The Commission's ruling balanced the need for regulatory compliance with the practical considerations of facilitating a fair and functional workplace agreement.

Corporate Roofing 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