KTB Roofing Solutions Pty Ltd

Case [2019] FWCA 4871


[2019] FWCA 4871
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

KTB Roofing Solutions Pty Ltd
(AG2019/843)

KTB ROOFING SOLUTIONS ENTERPRISE AGREEMENT 2019

Plumbing industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 12 JULY 2019

Application for approval of the KTB Roofing Solutions Pty Ltd Enterprise Agreement 2019

[1] KTB Roofing Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the KTB Roofing Solutions Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 12 July 2019 and, in accordance with s 54, will operate from 19 July 2019. The nominal expiry date of the Agreement is 20 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504423 PR710284>

Annexure A

Details
AGLC
KTB Roofing Solutions Pty Ltd [2019] FWCA 4871
Case
[2019] FWCA 4871
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, KTB Roofing Solutions Pty Ltd, an employer, applied for approval of the KTB Roofing Solutions Pty Ltd Enterprise Agreement 2019. The applicant argued that the agreement should be approved as it met the necessary criteria under the Fair Work Act 2009. The applicant submitted that the agreement was made in good faith, contained fair and reasonable terms, and complied with all relevant legislative requirements.

The legal issues before the Commission were whether the agreement was made in good faith, whether it contained fair and reasonable terms, and whether it complied with all relevant legislative requirements. The applicant argued that the agreement was made in good faith and contained fair and reasonable terms. The applicant further submitted that the agreement complied with all relevant legislative requirements.

The Commission found that the agreement was made in good faith and contained fair and reasonable terms. The Commission was satisfied that the agreement complied with all relevant legislative requirements. The Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act 2009. The applicant was ordered to take all necessary steps to give effect to the approved agreement.

The Commission approved the KTB Roofing Solutions Pty Ltd Enterprise Agreement 2019. The applicant was ordered to take all necessary steps to give effect to the approved agreement. The applicant was also ordered to provide a copy of the approved agreement to the Fair Work Commission within 14 days of the decision. The applicant was further ordered to provide a copy of the approved agreement to all employees covered by the agreement within 14 days of the decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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