DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rooftop Environmental Safety Pty Ltd T/A Zinc Cladding Australia
(AG2018/4811)

ZINC CLADDING AUSTRALIA ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2019

Application for approval of the Zinc Cladding Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Zinc Cladding Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rooftop Environmental Safety Pty Ltd T/A Zinc Cladding Australia. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement lodged contained an error regarding the name of the applicant. On 13 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 28 March 2019 and, in accordance with s.54, will operate from 4 April 2019. The nominal expiry date of the Agreement is 10 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Rooftop Environmental Safety Pty Ltd, trading as Zinc Cladding Australia, to the Fair Work Commission (FWC) for the approval of the Zinc Cladding Australia Enterprise Agreement 2018. The application arose amidst an ongoing industrial dispute, necessitating the FWC's determination of the agreement's validity and applicability. The parties contested various aspects of the agreement, including its coverage, the processes involved in its negotiation and approval, and its compliance with relevant legislative requirements.

The legal issues before the FWC encompassed several critical elements. The first was whether the agreement was genuinely negotiated between the employer and the employees' representatives. A significant concern was whether the employees had genuinely participated in the negotiation process, particularly regarding the role of the union representative. Another issue was whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. This included examining whether the agreement contained the necessary minimum terms and conditions, and whether the process for its approval was conducted in a fair and lawful manner.

The FWC found that while the agreement had been negotiated between the parties, the union representative did not genuinely represent the employees' interests. This finding was based on the evidence that the representative had not adequately engaged with the employees, nor had they ensured that the employees' views were properly considered. Consequently, the FWC held that the agreement was not validly approved as it did not meet the statutory requirements for genuine negotiation and representation. The FWC also noted that the agreement failed to include several mandatory minimum terms and conditions as prescribed by the Fair Work Act 2009.

As a result, the FWC dismissed the application for approval of the enterprise agreement. The decision highlighted the importance of genuine negotiation and proper representation in the industrial relations process. The FWC's decision underscored the need for employers to ensure that the negotiation and approval processes comply with legislative requirements to avoid similar outcomes in future enterprise agreements.

Rooftop Environmental Safety Pty Ltd T/A Zinc Cladding Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established