Monja Holdings Pty Ltd T/A Roof Clad Concepts

[2018] FWCA 7060

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Monja Holdings Pty Ltd T/A Roof Clad Concepts

(AG2018/5809)

Monja Holdings Pty Ltd Enterprise Agreement 2018

Plumbing industry
Deputy President Masson	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Monja Holdings Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Monja Holdings Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monja Holdings Pty Ltd T/A Roof Clad Concepts. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 18 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monja Holdings Pty Ltd, trading as Roof Clad Concepts, applied for approval of their Enterprise Agreement 2018 before the Fair Work Commission. The dispute involved the terms and conditions of employment for the company's workers, particularly those related to wages, hours, and conditions of employment. The Commission was tasked with determining whether the agreement met the legal requirements set out in the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees.

The legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, including whether it met the 'better off overall test', which required that employees be no worse off financially under the new agreement than they would be under the applicable award. The Commission also needed to determine if the agreement contained all the mandated terms and if it had been genuinely bargained between the employer and the employees' representatives. Further, the Commission assessed whether the agreement facilitated genuine collective bargaining and provided for a fair process for resolving disputes.

The Commission found that the proposed agreement did indeed comply with the Fair Work Act. The better off overall test was satisfied as the agreement provided for no less favourable terms and conditions than the applicable award. All mandated terms were included in the agreement, and it was evident that there had been genuine bargaining between the parties. The agreement facilitated genuine collective bargaining and provided for a fair process for resolving disputes. The Commission approved the Enterprise Agreement 2018, confirming its compliance with the relevant legislative requirements.

The Fair Work Commission approved the Monja Holdings Pty Ltd Enterprise Agreement 2018, finding it met all legal requirements and provided for the fair treatment of employees. This decision confirms that the agreement is valid and enforceable, and the parties are bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established