Litchfield Roofing (Aust) Pty Ltd Summary

[2013] FWCA 2549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Litchfield Roofing (Aust) Pty Ltd
(AG2013/931)

LITCHFIELD ROOFING (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 29 APRIL 2013

Application for approval of the Litchfield Roofing (Australia) Pty Ltd Enterprise Agreement 2013 - 2017 .

[1] An application has been made for approval of an enterprise agreement known as the Litchfield Roofing (Aust) Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Litchfield Roofing (Aust) Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 6 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Litchfield Roofing (Aust) Pty Ltd, sought approval of the 2013-2017 Enterprise Agreement from the Fair Work Commission. The respondents were the Building Construction, Forestry, Mining and Energy Union (BCFMEU) and the Plumbing Industry Association of Queensland (PIAQ). The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The court had to determine if the agreement was in the public interest and if it provided for fair and reasonable terms and conditions for employees.

The primary legal issue was whether the agreement satisfied the requirements for approval under section 234 of the Act. Specifically, the court had to consider if the agreement met the criteria of promoting high wages, high employment, and good working conditions. The court also needed to assess if the agreement was consistent with the Fair Work Act's objectives and if it provided for fair and reasonable terms and conditions for employees.

The Fair Work Commission found that the agreement did meet the criteria for approval. The court held that the agreement was in the public interest and provided for fair and reasonable terms and conditions for employees. The agreement included provisions for wage increases, improvements in working conditions, and a dispute resolution process. The court also noted the agreement's consideration of the parties' respective positions and the negotiation process. Consequently, the court approved the agreement.

The Fair Work Commission ordered that the 2013-2017 Enterprise Agreement between Litchfield Roofing (Aust) Pty Ltd, BCFMEU, and PIAQ be approved. The agreement was to take effect from the date of the decision and be registered with the Fair Work Commission. The approval was subject to the agreement's compliance with the Fair Work Act and its objectives.

Litchfield Roofing (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established