DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skyward Roofing Services Pty Ltd
(AG2019/2760)

SKYWARD ROOFING SERVICES ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 15 OCTOBER 2019

Application for approval of the Skyward Roofing Services Enterprises Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Skyward Roofing Services Enterprises Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Skyward Roofing Services Pty Ltd. 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 22 October 2019. The nominal expiry date of the Agreement is 14 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skyward Roofing Services Pty Ltd applied to the Fair Work Commission for approval of the Skyward Roofing Services Enterprise Agreement 2019. The matter arose out of a dispute between the company and its employees over the terms of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions for the employees. The Commission needed to consider whether the agreement complied with the "better off overall test" and whether it contained provisions that were unfair or unreasonable. The Commission also needed to consider whether the agreement had been made in good faith and whether it complied with the requirements for employee consultation.

The Commission found that the proposed agreement met the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission found that the agreement contained provisions that were not unfair or unreasonable and that it complied with the "better off overall test." The Commission was also satisfied that the agreement had been made in good faith and that it complied with the requirements for employee consultation.

The Fair Work Commission approved the Skyward Roofing Services Enterprise Agreement 2019, subject to certain modifications. The modifications related to the calculation of penalty rates and the inclusion of a clause allowing for the variation of the agreement by the parties. The Commission noted that the modifications were minor and did not affect the overall fairness of the agreement.

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