DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dalart Pty Ltd T/A Charman Roofing
(AG2016/3761)

DALART PTY LTD T/AS CHARMAN ROOFING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Dalart Pty Ltd t/as Charman Roofing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dalart Pty Ltd t/as Charman Roofing Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalart Pty Ltd T/A Charman Roofing. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. The nominal expiry date of the Agreement is 9 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Dalart Pty Ltd T/A Charman Roofing involved an application for the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, Dalart Pty Ltd trading as Charman Roofing, sought the court's endorsement of the terms and conditions outlined in the Dalart Pty Ltd t/as Charman Roofing Enterprise Agreement 2015. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act, including the necessity to ensure fairness and compliance with minimum standards. The court was required to assess whether the agreement was genuinely a bargaining outcome, whether it provided for fair terms and conditions, and if it was consistent with the provisions of the Act.

The legal issues before the court included determining the legitimacy of the agreement as a genuine product of bargaining, examining whether the agreement provided for fair and reasonable terms and conditions, and ensuring that the agreement was not contrary to the public interest or inconsistent with the provisions of the Fair Work Act. The court needed to consider whether the agreement was made in good faith, whether it adhered to the statutory minimum standards, and if it appropriately balanced the interests of both the employer and the employees. Furthermore, the court had to verify that the agreement was not designed to circumvent the provisions of the Act.

The court examined the evidence presented and determined that the Dalart Pty Ltd t/as Charman Roofing Enterprise Agreement 2015 was indeed a genuine outcome of good faith bargaining between the parties. The court found that the agreement provided for fair terms and conditions and did not contravene the statutory minimum standards. It was concluded that the agreement was consistent with the requirements of the Fair Work Act and served the interests of both the employer and employees. Based on this assessment, the court approved the agreement, ensuring its compliance with the legislative framework. The final orders confirmed the approval of the enterprise agreement, thereby allowing it to take effect.

Dalart Pty Ltd T/A Charman Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established