DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shellharbour Roofing Service Pty Ltd
(AG2015/5200)

SHELLHARBOUR ROOFING SERVICE PTY LTD ENTERPRISE AGREEMENT, 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Shellharbour Roofing Service Pty Ltd Enterprise Agreement, 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Shellharbour Roofing Service Pty Ltd Enterprise Agreement, 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shellharbour Roofing Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Shellharbour Roofing Service Pty Ltd sought approval of an Enterprise Agreement (EA) dated 2015-2018 from the Fair Work Commission (FWC). The EA was between Shellharbour Roofing Service Pty Ltd and its employees, who were represented by the Building Construction, Forestry, Maritime, Mining and Energy Union (CFMMU). The primary dispute was whether the EA met the criteria for approval under the Fair Work Act 2009.

The central legal issues for the FWC to determine were whether the EA was genuinely negotiated, met the procedural requirements, and was in the interests of the employees. Shellharbour Roofing Service Pty Ltd argued that the EA was fairly negotiated and met all procedural requirements. Conversely, CFMMU argued that the EA did not genuinely reflect the outcome of free and fair negotiations and was not in the employees' best interests.

In its decision, the FWC examined the negotiation process, finding that the EA had been genuinely negotiated between the parties. The FWC also found that the EA complied with the procedural requirements of the Fair Work Act. Regarding the interests of the employees, the FWC concluded that the EA was in their best interests as it provided reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits. The FWC ultimately approved the EA, finding it met all legal criteria for approval.

The FWC's final orders included the approval of the Shellharbour Roofing Service Pty Ltd Enterprise Agreement, 2015-2018, subject to the terms and conditions set out in the decision.

Shellharbour Roofing Service Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established