DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RevRoof Pty Ltd T/A Revolution Roofing
(AG2019/3871)

REVROOF PTY LTD TRADING AS REVOLUTION ROOFING (OSBORNE PARK, WESTERN AUSTRALIA COLLECTIVE AGREEMENT 2014)

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 JANUARY 2020

Application for approval of the Revroof Pty Ltd trading as Revolution Roofing (Osborne Park, Western Australia Collective Agreement 2014).

[1] An application has been made for approval of an enterprise agreement known as the Revroof Pty Ltd trading as Revolution Roofing (Osborne Park, Western Australia Collective Agreement 2014) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RevRoof Pty Ltd T/A Revolution Roofing. 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. The undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 20 January 2020 and, in accordance with s.54, will operate from 27 January 2020. The nominal expiry date of the Agreement is 20 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RevRoof Pty Ltd, trading as Revolution Roofing, sought approval for the Osborne Park, Western Australia Collective Agreement 2014. The applicants, who are employers, sought to have the agreement approved by the Fair Work Commission. The agreement was submitted to the Commission by the applicants in accordance with the Fair Work Act 2009. The nature of the dispute was the approval of a collective agreement which would set out the terms and conditions of employment for employees within the specified scope of the agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission needed to consider if the agreement covered the essential terms, if it was made in good faith, if it was negotiated in a manner that was fair and reasonable, and if it was consistent with the Fair Work Act 2009. The Commission also had to consider if the agreement provided for adequate protections for employees and if it was likely to promote harmonious, productive and cooperative workplace relations.

The Commission found that the agreement was made in good faith and was negotiated in a manner that was fair and reasonable. The agreement was consistent with the Fair Work Act 2009 and provided for adequate protections for employees. The Commission was satisfied that the agreement was likely to promote harmonious, productive and cooperative workplace relations. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The final orders of the Commission were that the Osborne Park, Western Australia Collective Agreement 2014 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered on the condition that it be reviewed by the Commission after two years. The agreement was to be in effect from the date of registration until the date of its expiry or until it was replaced by a new agreement.

RevRoof Pty Ltd T/A Revolution Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established