Roofrite Group Pty Ltd T/A Roofrite Guttering & Roofing Systems

[2024] FWCA 1254

The attached document wholly replaces the previously coded document [2024] FWC 837 to correct document referencing.

Associate to Commissioner Allison

Dated 10 April 2024

[2024] FWCA 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Roofrite Group Pty Ltd T/A Roofrite Guttering & Roofing Systems

(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

Printed by authority of the Commonwealth Government Printer

In the recent case, Roofrite Group Pty Ltd, trading as Roofrite Guttering & Roofing Systems, applied to the Fair Work Commission for approval of the Roofrite Guttering & Roofing Systems Enterprise Agreement 2024. The dispute arose in the context of the enterprise agreement, which sought to govern the terms and conditions of employment for the employees within the company. The Fair Work Commission was tasked with ensuring the agreement met the legal requirements under the Fair Work Act 2009. This included verifying that the agreement provided for a safety net of minimum terms and conditions, and that it complied with the procedural requirements for certification.

The primary legal issues before the Commission were whether the proposed agreement provided for a safety net of minimum terms and conditions as required by the Fair Work Act, and whether the correct process was followed in the certification of the agreement. The Commission had to assess whether the agreement met the statutory criteria for coverage, including the definition of the bargaining unit and the scope of the agreement. Furthermore, the Commission needed to confirm that the agreement was certified by a majority of the employees in the bargaining unit, and that the process was conducted in accordance with the Fair Work Regulations.

Upon examining the evidence and submissions, the Fair Work Commission determined that the proposed agreement did indeed provide for a safety net of minimum terms and conditions, which complied with the statutory requirements. The Commission also found that the certification process was conducted correctly and that a majority of employees had voted in favour of the agreement. Consequently, the Commission approved the Roofrite Guttering & Roofing Systems Enterprise Agreement 2024. The decision underscores the importance of ensuring that enterprise agreements are properly certified and that they provide for adequate minimum terms and conditions for employees.

The final orders of the Fair Work Commission included the approval of the Roofrite Guttering & Roofing Systems Enterprise Agreement 2024, effective from the date of the decision. The Commission ordered that the agreement be registered and published in accordance with the Fair Work Act, ensuring that it is readily available to all employees and employers within the bargaining unit. The decision highlights the role of the Fair Work Commission in facilitating fair and effective enterprise agreements that protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established