Montoro Pty Limited

[2022] FWCA 1746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Montoro Pty Limited

(AG2022/1495)

Montoro Roofing Wyee Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 27 MAY 2022

Application for approval of the Montoro Roofing Wyee Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Montoro Roofing Wyee Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Montoro Pty Limited. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 27 May 2022 and, in accordance with s.54, will operate from 3 June 2022. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Montoro Pty Limited, the applicant, sought approval of the Montoro Roofing Wyee Enterprise Agreement 2022 from the Fair Work Commission (FWC). The dispute involved the terms and conditions of employment for employees in the roofing industry, specifically focusing on the proposed changes in the enterprise agreement. The matter was heard and determined by the FWC, presided over by Commissioner J. T. Brown.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly with regard to the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was fair and reasonable and met all legal requirements. The FWC needed to assess whether the agreement provided for appropriate mechanisms for resolving workplace disputes, included provisions for the protection of employees' rights, and adhered to the principles of good faith bargaining.

Commissioner J. T. Brown determined that the Montoro Roofing Wyee Enterprise Agreement 2022 was fair and reasonable. The agreement included provisions that adequately addressed the resolution of workplace disputes and protected employees' rights. The commissioner found that the applicant had demonstrated compliance with the relevant legislation and that the agreement met the necessary standards for approval. Consequently, the FWC approved the enterprise agreement as proposed by the applicant.

The final orders of the FWC were that the Montoro Roofing Wyee Enterprise Agreement 2022 be approved and registered as an enterprise agreement under the Fair Work Act 2009. This decision effectively formalised the terms and conditions of employment for the employees covered by the agreement, ensuring that the rights and obligations of both the employer and employees were legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established