Metal Roofing and Building Supplies Pty Ltd

[2023] FWCA 1125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Metal Roofing and Building Supplies Pty Ltd

(AG2023/984)

METAL ROOFING & BUILDING SUPPLIES PTY LTD ENTERPRISE AGREEMENT 2022 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 APRIL 2023

Application for approval of the Metal Roofing & Building Supplies Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Metal Roofing & Building Supplies Pty Ltd Enterprise Agreement 2022 - 2026 (Agreement).

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 April 2023. The nominal expiry date of the Agreement is 20 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metal Roofing and Building Supplies Pty Ltd sought approval for an enterprise agreement that was to govern the employment conditions of its employees from 2022 to 2026. The company applied for the approval under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which claimed the agreement did not fairly reflect the bargaining positions of the parties and was not genuinely negotiated. The matter was heard in the Fair Work Commission.

The central legal issues that the Commission needed to resolve were whether the enterprise agreement was genuinely negotiated between the parties and whether it fairly reflected the bargaining positions of both parties. The Commission also had to consider whether the agreement met the standards of procedural and substantive fairness as required by the Fair Work Act. This involved assessing the process of negotiation, the contents of the agreement, and whether it met the requirements of procedural and substantive fairness.

The Commission concluded that the enterprise agreement was genuinely negotiated and met the requirements of procedural fairness. It found that the process of negotiation was robust and involved multiple meetings and discussions between the parties. The contents of the agreement were also considered to be fair, as they provided a balanced consideration of the interests of both parties. The Commission further determined that the agreement met the standards of substantive fairness, as it provided for reasonable terms and conditions that were consistent with industry standards and did not unfairly disadvantage either party. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Metal Roofing and Building Supplies Pty Ltd Enterprise Agreement 2022-2026, determining that it was genuinely negotiated and met the requirements of procedural and substantive fairness under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established