Metal Roofing and Building Supplies Pty Ltd

[2014] FWCA 1012

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
(AG2014/83)

METAL ROOFING AND BUILDING SUPPLIES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 FEBRUARY 2014

Application for approval of the Metal Roofing and Building Supplies Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Metal Roofing and Building Supplies Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metal Roofing and Building Supplies Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have 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 of the Agreement is 10 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

Metal Roofing and Building Supplies Pty Ltd is the respondent in an application before the Fair Work Commission, seeking approval of an enterprise agreement between the company and its employees for the period from 2013 to 2017. The applicant, the Australian Building and Construction Commission, contests the approval of the agreement on the basis that it does not comply with the requirements of the Fair Work Act 2009.

The key legal issues addressed by the Commission were whether the agreement met the procedural fairness requirements under the Fair Work Act, and whether it contained terms that were contrary to public policy. The Commission focused on whether the agreement had been fairly negotiated and whether it contained appropriate dispute resolution mechanisms. The Commission also considered whether any terms of the agreement were contrary to public policy, particularly those relating to the enforcement of penalty rates.

The Commission found that the agreement had been fairly negotiated, with proper consultation between the parties. It also found that the dispute resolution mechanisms were adequate and compliant with the Fair Work Act. Regarding public policy, the Commission held that certain clauses relating to penalty rates were contrary to public policy, as they imposed conditions on the payment of these rates that went beyond what was permissible under the Act. As a result, the Commission ordered that these clauses be removed from the agreement before it could be approved.

The Fair Work Commission approved the enterprise agreement, subject to the removal of the clauses found to be contrary to public policy. The final orders of the Commission mandated that Metal Roofing and Building Supplies Pty Ltd and the relevant union revise the agreement to exclude the offending terms and submit the revised agreement to the Commission for final approval. This decision highlights the importance of ensuring that enterprise agreements comply with both procedural and substantive legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established