DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Litchfield Roofing (Australia) Pty Ltd T/A Litchfield Roofing
(AG2017/6024)

LITCHFIELD ROOFING (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2017-2021

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2018

Application for approval of the Litchfield Roofing (Australia) Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Litchfield Roofing (Australia) Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Litchfield Roofing (Australia) Pty Ltd T/A Litchfield Roofing. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 24 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Litchfield Roofing (Australia) Pty Ltd T/A Litchfield Roofing for approval of the Litchfield Roofing (Australia) Pty Ltd Enterprise Agreement 2017-2021. The company sought to have the agreement approved as a modern award, which would allow the terms of the agreement to prevail over the provisions of the relevant modern award. The dispute centred around whether the enterprise agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions.

The key legal issues before the Commission were whether the agreement contained all the prescribed terms, whether the agreement was made in good faith and whether the agreement provided for fair and reasonable terms and conditions. The applicant argued that the agreement was a genuine enterprise agreement that provided for fair and reasonable terms and conditions for employees. The applicant also submitted that the agreement was made in good faith and without any undue influence or coercion. The Commission was required to determine whether the agreement met the statutory requirements for approval and whether it provided for terms and conditions that were fair and reasonable.

The Commission found that the agreement contained all the prescribed terms and was made in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, taking into account the nature of the industry, the bargaining power of the parties and the interests of the employees. The Commission was satisfied that the agreement met the statutory requirements for approval and approved the agreement as a modern award. The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties.

The Fair Work Commission approved the Litchfield Roofing (Australia) Pty Ltd Enterprise Agreement 2017-2021 as a modern award. The Commission found that the agreement met the necessary criteria for approval and provided for fair and reasonable terms and conditions for employees. The approval of the agreement means that the terms and conditions of the agreement will prevail over the relevant modern award, providing greater flexibility for the parties to negotiate and agree on terms that are suitable for their particular industry and workforce. The decision provides clarity for employers and employees in the roofing industry and sets a precedent for similar agreements in the future.

Litchfield Roofing (Australia) Pty Ltd T/A Litchfield Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established