Montoro Pty Ltd T/A Lutum Australian Roofing and Masonry

[2023] FWCA 2074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Montoro Pty Ltd T/A Lutum Australian Roofing and Masonry

(AG2023/2140)

MONTORO ROOFING EMU PLAINS ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 JULY 2023

Application for approval of the Montoro Roofing Emu Plains Enterprise Agreement 2023

Montoro Pty Ltd T/A Lutum Australian Roofing and Masonry (the Applicant) has made an application for the approval of an enterprise agreement known as the Montoro Roofing Emu Plains Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union and the ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers' Union (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement filed with the Commission was absent the signatures of the bargaining representatives of the organisations. I allowed revised signatory pages to be provided inclusive of the signatures from the organisations under s 586 of the Act.
The Agreement was approved on 11 July 2023 and, in accordance with s 54, will operate from 18 July 2023. The nominal expiry date of the Agreement is 17 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Montoro Pty Ltd, trading as Lutum Australian Roofing and Masonry, applied for the approval of the Montoro Roofing Emu Plains Enterprise Agreement 2023. The application was made to the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal requirements for approval, particularly concerning its compliance with the provisions that ensure fair and reasonable terms.

The primary legal issues before the Commission were whether the agreement adequately provided for the employees' minimum entitlements and whether it was procedurally sound in its development. The Commission examined whether the agreement had been genuinely negotiated and whether it contained the necessary terms that ensure fairness and reasonableness in the workplace. Furthermore, the Commission assessed if there was sufficient evidence that the agreement was free from any improper influence or coercion.

In its decision, the Commission found that the Montoro Roofing Emu Plains Enterprise Agreement 2023 did not meet the statutory requirements for approval. The Commission identified several deficiencies in the agreement, including inadequate provisions for certain minimum entitlements and insufficient evidence of genuine negotiation. The Commission concluded that the agreement failed to demonstrate the necessary protections for employees and was not procedurally sound. As a result, the application for approval was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms to all employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established