Industrial Roofing Services Pty Ltd

[2014] FWCA 1681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Roofing Services Pty Ltd
(AG2014/465)

INDUSTRIAL ROOFING SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 MARCH 2014

Application for approval of the Industrial Roofing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Roofing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Roofing Services Pty Ltd recently appeared before the Fair Work Commission in an application to approve the Industrial Roofing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application arose out of a dispute between the applicant company and the Australian Workers' Union (AWU) over the terms of the enterprise agreement. The AWU argued that the agreement failed to adequately address various employee protections and entitlements.

The central legal issues before the Commission were whether the proposed agreement provided for minimum terms of employment as required by section 234 of the Fair Work Act 2009, and whether the agreement complied with the good faith bargaining requirements of section 228 of the Act. The AWU argued that the agreement did not provide for the minimum terms, and that the bargaining process was not conducted in good faith. Industrial Roofing Services Pty Ltd, on the other hand, maintained that the agreement was fair and met all legal requirements.

The Fair Work Commission found that the agreement did provide for the minimum terms and that the bargaining process was conducted in good faith. The Commission noted that the agreement contained provisions for reasonable work hours, paid leave entitlements, and other protections consistent with the Fair Work Act. The Commission also found that there was evidence of genuine and meaningful bargaining between the parties. As such, the Commission approved the agreement, determining that it met the necessary legal standards.

The Commission's approval of the agreement means that it will now form the basis of employment for workers at the Roy Hill site. The AWU and Industrial Roofing Services Pty Ltd will be bound by the terms of the agreement, which provides for various employment protections and entitlements. This decision provides clarity for the parties and ensures that the workers at the site have a legally recognised enterprise agreement in place.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established