Stormshelter Pty Ltd T/A CMC Metal Roofing

[2013] FWCA 5147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stormshelter Pty Ltd T/A CMC Metal Roofing
(AG2013/1983)

CMC METAL ROOFING ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 JULY 2013

Application for approval of the CMC Metal Roofing Enterprise Agreement 2013-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 July 2013 by Stormshelter Pty Ltd T/A CMC Metal Roofing for the approval of a single-enterprise agreement known as the CMC Metal Roofing Enterprise Agreement 2013-2017 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stormshelter Pty Ltd, trading as CMC Metal Roofing, sought approval of the CMC Metal Roofing Enterprise Agreement 2013-2017. The application was made to the Fair Work Commission, and the primary focus of the dispute was whether the agreement met the requirements of the Fair Work Act 2009. The legal issues revolved around whether the agreement was made in good faith and if it appropriately covered the terms of employment as required by the Act.

The court examined whether the agreement was genuinely negotiated between the employer and the employees' representatives and whether it addressed the minimum terms and conditions as prescribed by the Fair Work Act. The analysis also included whether the agreement was free from any contraventions of the Act or any other relevant industrial instruments. The court took into account the submissions from both parties and any relevant precedents that might impact the decision.

Upon reviewing the evidence and the provisions of the agreement, the court determined that the CMC Metal Roofing Enterprise Agreement 2013-2017 was indeed made in good faith and met the requirements of the Fair Work Act. The agreement was found to be comprehensive and to cover the necessary terms of employment without any contraventions. Consequently, the court approved the agreement, finding it to be compliant with all statutory requirements. The final orders confirmed the approval of the enterprise agreement, allowing it to be registered and enforced as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established