DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Colliar Family Trust T/A Glenroofing Pty Ltd
(AG2016/7331)

GLENROOFING PTY LTD ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Glenroofing Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Glenroofing Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Colliar Family Trust T/As Glenroofing 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, 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 30 January 2017. The nominal expiry date of the Agreement is 22 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Trustee for the Colliar Family Trust trading as Glenroofing Pty Ltd for the approval of the Glenroofing Pty Ltd Enterprise Agreement 2016-2020. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for it to be approved and registered by the Commission. The parties were Glenroofing Pty Ltd, represented by its trustee, and the applicants, who were employees of the company. The nature of the dispute was the negotiation and subsequent approval of a new enterprise agreement which would replace the existing one.

The legal issues the court needed to determine were whether the agreement complied with the statutory requirements for approval, including the provisions concerning minimum terms, the process of bargaining, and the effect of the agreement on employees. Specifically, the court examined whether the agreement had been genuinely bargained for, in good faith, and whether it contained all the prescribed minimum terms. Additionally, the court considered if the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new agreement.

In reaching its decision, the court evaluated the evidence presented regarding the bargaining process and the terms of the agreement. It found that the agreement had been genuinely negotiated between the parties and that it contained all the required minimum terms. The court also concluded that the agreement was in the best interests of the employees, as it met the "better off overall test." Consequently, the court approved the application and registered the Glenroofing Pty Ltd Enterprise Agreement 2016-2020 as a valid and enforceable agreement under the Fair Work Act 2009. This decision ensures that the terms of employment for the employees are legally recognised and protected.

The Trustee for the Colliar Family Trust T/A Glenroofing 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