DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interline Roofing Melbourne Pty Ltd
(AG2019/2518)

INTERLINE ROOFING ENTERPRISE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 OCTOBER 2019

Application for approval of the Interline Roofing Enterprise Agreement 2019.

[1] Interline Roofing Melbourne Pty Ltd has applied for approval of a single enterprise agreement known as the Interline Roofing Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct an error in the original application, which was explained as typographical in nature, by filing amendments to its statutory declaration. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 10 October 2019 and, in accordance with s.54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interline Roofing Melbourne Pty Ltd applied for the approval of the Interline Roofing Enterprise Agreement 2019, which was the subject of a dispute in the Fair Work Commission. The applicant, a roofing company, sought the agreement's approval to ensure its terms and conditions were legally binding and enforceable. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was made in the context of ongoing industrial relations discussions between the company and its employees.

The central legal issue before the Commission was whether the proposed enterprise agreement contained all the necessary provisions as required by the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the terms and conditions of employment and if it provided for the appropriate dispute resolution mechanisms. Additionally, the Commission examined whether the agreement had been made in accordance with the procedural requirements set out in the Act.

In reaching its decision, the Fair Work Commission considered the provisions of the proposed agreement and the evidence provided by both parties. The Commission determined that the agreement contained all the necessary terms and conditions of employment and that it provided for adequate dispute resolution mechanisms. Furthermore, the Commission found that the agreement had been made in compliance with the procedural requirements of the Act. Consequently, the Commission approved the Interline Roofing Enterprise Agreement 2019, confirming its enforceability under the Fair Work Act 2009.

The Fair Work Commission's approval of the Interline Roofing Enterprise Agreement 2019 ensures that the terms and conditions of employment are legally binding and enforceable for the employees of Interline Roofing Melbourne Pty Ltd. This decision provides clarity and stability for both the employer and employees in their ongoing industrial relations.

Interline Roofing Melbourne Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established