Roofmax Pty Ltd

[2015] FWCA 1669

[2015] FWCA 1669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Roofmax Pty Ltd
(AG2014/10943)


ROOFMAX PTY LTD ENTERPRISE AGREEMENT 2014

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 MARCH 2015

Application for approval of the Roofmax Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Roofmax Pty Ltd Enterprise 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 Roofmax Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. If, in any six calendar month period (Jan - June; July - Dec), an employee earns less under the terms of this agreement than the award, the Company will make up any shortfall.

2. If employment ends during any such six month period, the period will be taken to be from the start of the period to the date of termination.

3. If employment commences during the period, the period shall be taken to be the start of employment till the end of the period.

4. If employment commences and ends during a period, the period shall be taken to be the period of employment.

5. Clause 11.3 shall not apply.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure 1.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 19 March 2019.

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