KTB Roofing Solutions Pty Ltd

[2014] FWCA 4751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KTB Roofing Solutions Pty Ltd
(AG2014/1641)

KTB ROOFING SOLUTIONS ENTERPRISE AGREEMENT 2014

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 17 JULY 2014

Application for approval of the KTB Roofing Solutions Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the KTB Roofing Solutions 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 KTB Roofing Solutions Pty Ltd (the Applicant).

[2] 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.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 15 June 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, KTB Roofing Solutions Pty Ltd, sought approval of the KTB Roofing Solutions Enterprise Agreement 2014 under the Fair Work Act 2009. The dispute arose as the applicant, an employer in the roofing industry, sought to formalise its employment terms with its employees, who were represented by a union. The application was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement met the formal requirements set out in the Act, including whether it complied with the Good Faith Bargaining (GFB) provisions and whether it was in the best interests of the employees. The Commission also considered whether the agreement contained terms and conditions that were fair and reasonable and whether it provided appropriate protections for employees.

The Fair Work Commission found that the agreement met the formal requirements of the Act. It noted that the bargaining process was conducted in good faith, with both parties engaging in meaningful discussions. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the roofing industry. It found that the terms and conditions of the agreement were appropriate and provided adequate protections for employees. Consequently, the Commission approved the KTB Roofing Solutions Enterprise Agreement 2014.

The final orders of the Commission were that the KTB Roofing Solutions Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will apply to the employees of KTB Roofing Solutions Pty Ltd, providing a legally binding framework for their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established