DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Roofing WA Pty Ltd
(AG2014/10196)

CROWN ROOFING WA PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JANUARY 2015

Application for approval of the Crown Roofing WA Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crown Roofing WA 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 Crown Roofing WA 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.

[3] The Agreement was approved on 2 January 2015 and, in accordance with s.54, will operate from 9 January 2015. The nominal expiry date of the Agreement is
2 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Roofing WA Pty Ltd, a roofing contractor, brought an application to the Fair Work Commission for approval of their 2014 Enterprise Agreement. The dispute arose from the procedural fairness of the agreement and the extent of the employer's compliance with the Fair Work Act 2009. The Fair Work Commission, led by Commissioner McCabe, was tasked with examining the application to ensure that the agreement met the necessary legal requirements and procedural standards.

The central legal issues that the Commission had to resolve were whether the agreement was genuinely negotiated and if the employer had provided adequate information and opportunity for consultation to the employees. The Commission needed to determine if the agreement was made in good faith and whether it complied with the statutory requirements outlined in the Fair Work Act. The validity of the application depended on the employer's demonstration that the agreement was negotiated fairly and that all procedural steps were appropriately followed.

After reviewing the evidence and submissions presented, the Commission found that Crown Roofing WA Pty Ltd had fulfilled the necessary obligations under the Fair Work Act. The employer provided comprehensive documentation showing that the agreement was genuinely negotiated and that all procedural requirements were met. The Commission concluded that the application was valid and approved the Enterprise Agreement. The decision was based on the employer's compliance with the statutory provisions and the evidence of fair negotiation practices. The Commission's approval signified that the agreement met the legal standards for industrial instruments.

Crown Roofing WA 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