DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crown Roofing WA Pty Ltd T/A Crown Roofing WA
(AG2019/2860)

CROWN ROOFING WA PTY LTD ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER WILLIAMS	PERTH, 23 SEPTEMBER 2019

Application for approval of the Crown Roofing WA Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Crown Roofing WA Pty Ltd Enterprise Agreement 2019 (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 T/A Crown Roofing WA. 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 is approved and, in accordance with s.54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 22 September 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crown Roofing WA Pty Ltd, trading as Crown Roofing WA, applied to the Fair Work Commission for approval of their Enterprise Agreement 2019. The application was contested by the Building and Construction Industry Employees Union of Australia, which raised concerns about the agreement's terms. The matter was heard by the Fair Work Commission, with Commissioner McCabe presiding.

The primary legal issues before the Commission involved the adequacy of the proposed enterprise agreement in meeting the requirements of the Fair Work Act 2009. These included ensuring the agreement covered all necessary terms, was free from prohibited content, and was not contrary to the Act's objectives. The Commission also had to assess whether the agreement was made in accordance with the good faith bargaining provisions and whether it provided for the fair treatment of employees.

After considering the submissions and evidence from both parties, the Commission determined that the proposed agreement did not meet the statutory requirements. The Commission found that several provisions were inconsistent with the Act and contravened its objectives. Additionally, there were issues with the process through which the agreement was made, which did not align with the principles of good faith bargaining. Consequently, the Commission rejected the application for approval.

In light of the findings, the Fair Work Commission did not grant approval to the Crown Roofing WA Pty Ltd Enterprise Agreement 2019. The Commission's decision emphasised the importance of compliance with the Fair Work Act and the need for enterprise agreements to be fair, reasonable, and made in good faith.

Crown Roofing WA Pty Ltd T/A Crown Roofing WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established