Hicrete Roofing SA Pty Ltd Summary

[2014] FWCA 3277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hicrete Roofing SA Pty Ltd
(AG2014/5883)

HICRETE ROOFING SA PTY LTD ENTERPRISE AGREEMENT 2014

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MAY 2014

Application for approval of the Hicrete Roofing SA Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hicrete Roofing SA 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 Hicrete Roofing SA Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

I confirm that Hicrete Roofing SA Pty Ltd give the following undertaking with respect to the agreement.

Rates of Pay

The following minimum rates of pay will be payable to employees

Position	On operation of agreement	Twelve months of operation	Twenty-four months of operation	Thirty-six months of operation
Trade Assistant	$20.00	$20.57	$21.16	$21.76
Tradesperson	$21.00	$22.63	$23.28	$23.95
Supervisor	$24.00	$24.69	$25.40	$26.13

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2014. The nominal expiry date of the Agreement is 27 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Hicrete Roofing SA Pty Ltd for the approval of the Hicrete Roofing SA Pty Ltd Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The dispute centred on the terms and conditions set forth in the enterprise agreement and whether they met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it had been fairly negotiated. The Commission also needed to consider whether the agreement provided for a safety net of minimum entitlements and whether it was consistent with the national minimum safety net of entitlements. The fairness of the negotiation process was also a significant point of contention.

In delivering its decision, the Commission examined the provisions of the agreement in detail, ensuring that it included all necessary mandatory terms. The Commission found that the agreement provided for a safety net of minimum entitlements and was consistent with the national safety net. It was also satisfied that the agreement had been fairly negotiated. The Commission approved the enterprise agreement, finding that it met all statutory requirements for approval under the Fair Work Act.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision confirmed the validity and enforceability of the Hicrete Roofing SA Pty Ltd Enterprise Agreement 2014, allowing it to be used as a basis for employment within the company.

Hicrete Roofing SA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established