DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metal Roofing & Building Supplies Pty Ltd
(AG2018/2328)

METAL ROOFING & BUILDING SUPPLIES PTY LTD ENTERPRISE AGREEMENT 2018-2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 28 AUGUST 2018

Application for approval of the Metal Roofing & Building Supplies Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Metal Roofing & Building Supplies Pty Ltd Enterprise Agreement 2018-2022 (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 & Building Supplies Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 4 September 2018. The nominal expiry date of the Agreement is 27 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Metal Roofing & Building Supplies Pty Ltd applied to the Fair Work Commission for approval of the Metal Roofing & Building Supplies Pty Ltd Enterprise Agreement 2018-2022. The dispute arose between the company and the Metal and Engineering Workers Union, representing the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the Fair Work Act 2009 and whether it complied with the relevant provisions of the Act, including the requirement for proper consultation and the need to ensure that the agreement was not detrimental to employees. The Commission also needed to consider whether the agreement included appropriate terms and conditions of employment that were fair and reasonable.

In its decision, the Fair Work Commission found that the agreement had been made in good faith and after proper consultation between the parties. The Commission noted that the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the industry and the specific circumstances of the employees. The Commission was satisfied that the agreement did not have any detrimental effect on the employees and met all the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Metal Roofing & Building Supplies Pty Ltd Enterprise Agreement 2018-2022, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement, providing a framework for the relationship between the employer and the employees.

Metal Roofing & Building Supplies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established