Ideal Metal Roofing Pty Ltd

[2021] FWCA 7317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ideal Metal Roofing Pty Ltd
(AG2021/8584)

IDEAL METAL ROOFING PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Plumbing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 DECEMBER 2021

Application for approval of the Ideal Metal Roofing Pty Ltd Enterprise Agreement 2021 – 2025.

[1] Ideal Metal Roofing Pty Ltd (the Employer) has made an application for the approval of the Ideal Metal Roofing Pty Ltd Enterprise Agreement 2021 – 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 31 December 2021. The nominal expiry date of the Agreement is 24 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of the Ideal Metal Roofing Pty Ltd Enterprise Agreement 2021 – 2025 was brought before the Commission for approval. The application for approval was lodged by Ideal Metal Roofing Pty Ltd, the employer, and the Australian Manufacturing Workers’ Union, the employee representative. The dispute centred on whether the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to decide included whether the agreement provided for the appropriate minimum entitlements for employees, whether it allowed for fair and flexible workplace arrangements, and whether it complied with the procedural requirements set forth in the Fair Work Act. The Commission also needed to consider whether the agreement facilitated meaningful employee engagement and whether it met the genuine agreement test, which requires that the agreement has been made freely and without coercion.

The Commission found that the proposed agreement provided for all the necessary minimum entitlements and facilitated flexible and fair workplace arrangements. It was also determined that the agreement was made in compliance with the procedural requirements and had been achieved through genuine negotiations without any form of coercion. The Commission concluded that the agreement was fair and met all the legal criteria for approval. Consequently, the application for approval of the Ideal Metal Roofing Pty Ltd Enterprise Agreement 2021 – 2025 was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established