Tambelan Pty Ltd T/A Roofmaster

[2021] FWCA 6645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tambelan Pty Ltd T/A Roofmaster
(AG2021/7973)

ROOFMASTER WORKPLACE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 11 NOVEMBER 2021

Application for approval of the RoofMaster Workplace Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the RoofMaster Workplace Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tambelan Pty Ltd T/A Roofmaster. 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 18 November 2021. The nominal expiry date of the Agreement is 11 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Tambelan Pty Ltd trading as Roofmaster, applied to the Fair Work Commission for the approval of the RoofMaster Workplace Agreement 2021. The application was opposed by the Electrical Trades Union of Australia. The dispute revolved around the terms and conditions of employment for employees within the company, and whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission had to determine if the agreement was in the public interest, if it provided for minimum entitlements, and if it was made in good faith and without coercion.

The legal issues centred around whether the agreement provided for fair terms and conditions of employment, and if it met the statutory requirements for approval. The Electrical Trades Union of Australia argued that the proposed agreement did not provide for adequate terms and conditions, and was not made in good faith. The Commission needed to assess the provisions of the agreement against the benchmarks set out in the Fair Work Act 2009 and consider the principles of good faith bargaining.

In assessing the application, the Fair Work Commission considered the terms and conditions of the proposed agreement, the nature of the bargaining process, and the public interest. The Commission found that the agreement was made in good faith, and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement met the statutory requirements for approval, and was in the public interest. The application was subsequently approved.

The Fair Work Commission approved the RoofMaster Workplace Agreement 2021, finding that it met the requirements of the Fair Work Act 2009. The agreement is now a registered workplace agreement, and will apply to the employees of Tambelan Pty Ltd trading as Roofmaster. The Electrical Trades Union of Australia's opposition to the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established