DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rooftop Environmental Safety Pty Ltd T/A Zinc Cladding Australia
(AG2020/3895)

ZINC CLADDING AUSTRALIA ENTERPRISE AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 12 JANUARY 2021

Application for approval of the Zinc Cladding Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Zinc Cladding Australia Enterprise Agreement 2020 (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. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 30 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Rooftop Environmental Safety Pty Ltd T/A Zinc Cladding Australia, the Fair Work Commission was tasked with considering an application for the approval of the Zinc Cladding Australia Enterprise Agreement 2020. The applicant, acting as the employer, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application was made in accordance with section 230 of the Act, which requires the Commission to approve an enterprise agreement if it determines that the agreement meets the specified requirements.

The legal issues before the Commission involved whether the agreement contained the necessary "direct" and "indirect" disclosures to employees as outlined in section 228 of the Act, and whether the agreement was certified as "bargained fairly" by the Commission's certified bargaining agent. Additionally, the Commission had to assess whether the agreement complied with the "better off overall test" under section 235 of the Act, ensuring that employees were not disadvantaged by the terms of the agreement compared to their previous conditions of employment.

The Commission found that the agreement met all the necessary requirements for approval. It was determined that the disclosures to employees were sufficient and correctly presented, and the certification by the bargaining agent was valid. Furthermore, the Commission concluded that the agreement was fair and balanced, and that employees would be better off overall under the terms of the new agreement. The Commission approved the agreement, recognising it as a registered enterprise agreement, and thus binding on all parties involved.

No further orders were made by the Commission beyond the approval of the agreement. The decision reaffirms the importance of adhering to the statutory requirements when seeking to register an enterprise agreement and highlights the role of the Fair Work Commission in ensuring fairness and compliance within the employment landscape.

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