Rooftop Environmental Safety Pty Ltd Trading AS Zinc Cladding Australia

[2025] FWCA 3412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Rooftop Environmental Safety Pty Ltd Trading AS Zinc Cladding Australia

(AG2025/3265)

ZINC CLADDING AUSTRALIA ENTERPRISE AGREEMENT 2025

Plumbing industry
COMMISSIONER TRAN	MELBOURNE, 10 OCTOBER 2025

Application for approval of the Zinc Cladding Australia Enterprise Agreement 2025

Rooftop Environmental Safety Pty Ltd (ABN: 95 162 553 406) has applied for approval of an enterprise agreement known as the Zinc Cladding Australia Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

I observe that clause 30 – Compassionate Leave is likely to be inconsistent with the National Employment Standards.

Clause 5 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 October 2025.

In accordance with clause 6.1, the nominal expiry date of the Agreement is 31 January 2029.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Zinc Cladding Australia Enterprise Agreement 2025. The parties involved were Rooftop Environmental Safety Pty Ltd, trading as Zinc Cladding Australia, and its employees represented by the Electrical Trades Union of Australia. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the application.

The legal issues before the Commission included whether the agreement covered all relevant employees, whether the agreement provided for minimum terms and conditions of employment, and whether the agreement was made in good faith and without coercion. A key issue was whether the agreement met the requirement to provide for minimum rates of pay, conditions, and entitlements that complied with the National Employment Standards. The Commission also had to consider if the agreement was made independently by the parties and whether it provided for proper consultation and negotiation processes.

In assessing these issues, the Commission examined the provisions of the agreement, the bargaining process, and the evidence provided by the parties. The Commission found that the agreement adequately covered all relevant employees and provided for minimum terms and conditions of employment, including pay rates and conditions that met or exceeded the National Employment Standards. The evidence indicated that the agreement was made in good faith and without coercion, and that proper consultation and negotiation processes were followed. Consequently, the Commission approved the Zinc Cladding Australia Enterprise Agreement 2025.

The Commission's final order was that the agreement be approved, effective from the date of the decision. The approval of the agreement ensures that it will operate as a legally binding enterprise agreement, providing the framework for the employment terms and conditions of the employees of Zinc Cladding Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established