Undercover Roofing Pty Ltd

[2023] FWCA 2790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Undercover Roofing Pty Ltd

(AG2023/2766)

UNDERCOVER ROOFING PTY LTD ENTERPRISE AGREEMENT 2023

Plumbing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 30 AUGUST 2023

Application for approval of the Undercover Roofing Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Undercover Roofing Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Undercover Roofing Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2023. The nominal expiry date of the Agreement is 29 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Undercover Roofing Pty Ltd, sought approval of the Enterprise Agreement 2023. The application was brought before the Fair Work Commission, and the Fair Work Ombudsman intervened in the proceedings. The agreement was submitted for assessment to ensure it complied with the relevant statutory provisions of the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement contained all necessary provisions and whether it adhered to the prescribed standards, such as the 'better off overall test', ensuring employees were no worse off financially than under their previous conditions. The court also examined whether the agreement allowed for adequate employee representation and if it included any unfair terms.

In its reasoning, the court found that the agreement generally complied with the statutory requirements. The agreement contained all necessary provisions, including those relating to wages, hours, and conditions of employment. The court assessed that the agreement satisfied the 'better off overall test', as the majority of employees would not be worse off financially. The court further determined that the agreement provided for adequate employee representation and that no unfair terms were present. Consequently, the court approved the application for the agreement's registration.

The Fair Work Commission approved the Undercover Roofing Pty Ltd Enterprise Agreement 2023, subject to the conditions outlined in the decision. The agreement was registered on the National Employment Standards Register, and it would now govern the employment terms of the covered employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established