DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skyward Roofing Services Pty Ltd
(AG2015/2802)

SKYWARD ROOFING SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 1 JUNE 2015

Application for approval of the Skyward Roofing Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Skyward Roofing Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skyward Roofing Services 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, 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 was approved on 1 June 2015 and, in accordance with s.54, will operate from 8 June 2015. The nominal expiry date of the Agreement is 1 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Skyward Roofing Services Pty Ltd, an employer, made an application to the Fair Work Commission for the approval of the Skyward Roofing Services Pty Ltd Enterprise Agreement 2015. The applicants were represented by Mr. J. Smith, and the respondents were represented by Ms. L. Jones. The matter was heard by Deputy President K. Brown. The nature of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement contained the necessary "no disadvantage" and "good faith" terms, and whether it complied with the requirements of the Fair Work Act. The court had to consider if the agreement was made in good faith and whether it provided for terms and conditions that did not disadvantage any party. The court also had to determine if the agreement met the requirements for a single-enterprise agreement, including whether it was made in good faith and covered a single enterprise.

In determining the application, the Deputy President considered the evidence presented by both parties, including the negotiations and the context in which the agreement was made. The Deputy President found that the agreement met the requirements for approval. The agreement contained the necessary "no disadvantage" and "good faith" terms, and it complied with the requirements of the Fair Work Act. The Deputy President noted that the agreement was made in good faith and covered a single enterprise, and that it provided for terms and conditions that did not disadvantage any party. The Deputy President approved the agreement, stating that it met all the necessary requirements for approval.

The final order of the Deputy President was that the Skyward Roofing Services Pty Ltd Enterprise Agreement 2015 be approved. The Deputy President noted that the agreement was made in good faith and covered a single enterprise, and that it provided for terms and conditions that did not disadvantage any party. The Deputy President also noted that the agreement met all the necessary requirements for approval under the Fair Work Act.

Skyward Roofing Services 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