Roofrite Group Pty Ltd
[2024] FWC 837
•5 APRIL 2024
| [2024] FWC 837 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Roofrite Group Pty Ltd
(AG2024/700)
ROOFRITE GUTTERING & ROOFING SYSTEMS ENTERPRISE AGREEMENT 2024
| Plumbing industry | |
| COMMISSIONER ALLISON | MELBOURNE, 5 APRIL 2024 |
Application for approval of the Roofrite Guttering & Roofing Systems Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Roofrite Guttering & Roofing Systems Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roofrite Group Pty Ltd. The Agreement is a single enterprise agreement.
On 21 March 2024, my Chambers sent correspondence to the Applicant concerning issues relating to the Agreement. The Applicant provided its responses on 22 March 2024. The issues and responses were as follows:
Pay rates in the Agreement incorporate several allowances under the Award. A small number of pay classifications in the Agreement are only marginally above Award rates and I sought further information on how employees under these pay classifications could be considered better off overall under the Agreement. The Applicant provided submissions to the effect that the relevant employee classifications were paid above Award rates inclusive of all relevant allowances, that the incorporated allowances granted these employees higher average rates of pay on days they would not be entitled to those allowances under the Award, and that the travel allowance beyond 50km payable under the Award was rare in the course of its business. I accepted the Applicant’s position in relation to this matter.
Clause 2.13 of the Agreement, relating to the definition of a shiftworker, did not specify whether the definition was for the extra week of annual leave granted by the National Employment Standards (NES). The Applicant provided an undertaking defining a shiftworker in accordance with the Building and Construction General On-Site Award 2020 and the Plumbing and Fire Sprinklers Award 2020.
The Agreement was silent in relation to minimum engagement on weekends for shiftworkers, which was otherwise provided for in the Awards. The Applicant provided an undertaking which resolved this issue.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I observe the following provision of the Agreement may be inconsistent with the NES:
Clause 9.7, relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with s.104 of the Act.
However, noting clauses 3.4.4 and 3.4.5 of the Agreement, as well as the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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.
The Agreement is approved and, in accordance with s.54, will operate from 12 April 2024. The nominal expiry date of the Agreement is 5 April 2028.
COMMISSIONER
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Annexure A
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