DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spectrum Roofing Pty Ltd
(AG2016/1745)

SPECTRUM ROOFING PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Spectrum Roofing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Spectrum Roofing Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spectrum Roofing Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spectrum Roofing Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on various aspects of the proposed agreement, including pay rates, shift patterns, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of pay rates and shift patterns, and if it provided fair and reasonable terms for the employees. The Commission had to assess if the agreement was made in good faith, if it covered the necessary employees, and if it was free from any elements that would cause undue hardship to any party. Additionally, the Commission needed to consider if the agreement would facilitate productivity and efficient workplace relations.

In delivering its decision, the Fair Work Commission found that the Enterprise Agreement 2016 met the statutory requirements and was in the best interests of the employees. The Commission determined that the agreement was made in good faith, covered all necessary employees, and did not impose undue hardship. The pay rates and shift patterns were considered fair and reasonable, and the agreement was found to facilitate productivity and efficient workplace relations. Consequently, the Commission approved the Enterprise Agreement 2016.

The final orders of the Commission included the approval of the Spectrum Roofing Pty Ltd Enterprise Agreement 2016, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would be binding on all parties from the effective date specified in the agreement. The Commission's decision provided clarity on the legal issues and ensured that the agreement would operate effectively within the framework of the Fair Work Act.

Spectrum Roofing 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