Montoro Pty Limited Summary

[2023] FWCA 391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Montoro Pty Limited

(AG2022/5359)

MONTORO ROOFING SPRINGVALE ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER SCHNEIDER	PERTH, 8 FEBRUARY 2023

Application for approval of the Montoro Roofing Springvale Enterprise Agreement 2022

Montoro Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Montoro Roofing Springvale Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it seeks to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

Montoro Pty Limited recently came before the Fair Work Commission to seek approval of an enterprise agreement. The dispute was between Montoro Pty Limited, the employer, and a number of its employees represented by a union. The Commission was required to consider the fairness of the proposed agreement and whether it complied with the relevant legislative framework. Specifically, the court had to determine if the agreement met the formal and substantive fairness tests set out in the Fair Work Act 2009.

The central legal issues revolved around the fairness of the terms and conditions set out in the proposed agreement. The Commission had to examine whether the agreement provided for fair and reasonable terms and conditions, and if it had been made in good faith. Additionally, the Commission considered whether the agreement met the statutory requirements, including the procedural fairness of how the agreement was negotiated and whether it complied with the provisions of the Fair Work Act.

The Commission found that the proposed agreement met the statutory requirements for approval. It was satisfied that the agreement had been negotiated in good faith and that the terms and conditions were fair and reasonable. The Commission noted that the agreement contained provisions that aligned with industry standards and provided for appropriate mechanisms for dispute resolution. It also found that the agreement was procedurally fair, as it had been negotiated with adequate representation and consultation of the employees. Therefore, the Commission approved the application for the Montoro Roofing Springvale Enterprise Agreement 2022.

The Commission made orders approving the enterprise agreement, subject to the parties lodging a certified copy of the agreement with the Fair Work Ombudsman within 28 days of the decision. The agreement will now be in force, governing the employment conditions of the employees covered by the agreement.

Montoro Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established