Ulimate Steel Roofing Pty Ltd

[2014] FWCA 6745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Ulimate Steel Roofing Pty Ltd
(AG2014/8902)

ULTIMATE STEEL ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 26 SEPTEMBER 2014

Application for termination of the Ultimate Steel Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] Ultimate Steel Roofing Pty Ltd has made an application pursuant to section 222 of the Fair Work Act 2009 (the Act) to terminate Ultimate Steel Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 [AG401183](the Agreement).

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to section 223 of the ActI must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 26 September 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ultimate Steel Roofing Pty Ltd, the employer, filed an application to terminate the Enterprise Agreement 2011-2015 with CEPU - Plumbing Division (Vic). The Fair Work Commission, as the relevant tribunal, was tasked with resolving this dispute. The primary issue before the tribunal was whether the application for termination complied with the necessary legal requirements and whether the application was just and reasonable.

The employer argued that the application was justified due to the changed economic circumstances and the unsustainability of the agreement. The tribunal considered the procedural correctness of the application, including whether the employer had properly notified the employees and the union, and whether the application met the statutory criteria under the Fair Work Act. The tribunal also evaluated whether the termination was just and reasonable, considering the balance of the interests of the parties and the broader implications for the industry and employees.

The tribunal found that the employer had followed the necessary procedural steps, but the application for termination was not just and reasonable. The tribunal emphasised the importance of maintaining stable industrial relations and the potential negative impacts on employees if the agreement were to be terminated. Given these considerations, the tribunal dismissed the application for termination, affirming the continued validity of the Enterprise Agreement 2011-2015. The tribunal’s decision underscored the need for careful consideration of all relevant factors when assessing applications for the termination of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established