[2016] FWCA 7431

The attached document replaces the document previously issued with the above code on 17 October 2016.

Corrects a typographical error appearing in the title of the Agreement

Christina Candiloro

Member Assist

17 October 2016

[2016] FWCA 7431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unique Metal Cladding Systems Pty Ltd
(AG2016/4242)

UNIQUE METAL ROOFING SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Unique Metal Roofing Systems Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Unique Metal Roofing Systems Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unique Metal Cladding Systems 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 24 October 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unique Metal Cladding Systems Pty Ltd applied for the approval of the Unique Metal Roofing Systems Pty Ltd Enterprise Agreement 2016. The Fair Work Commission was asked to determine whether the agreement was suitable for registration under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not comply with various statutory requirements.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act, including provisions related to minimum entitlements, the definition of 'employee', and the process for resolving disputes. The Commission also considered whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions.

In delivering its decision, the Commission examined the terms of the Enterprise Agreement and the evidence provided by both parties. The Commission noted that while there were some deficiencies in the agreement, these could be rectified by minor amendments. The Commission held that the agreement, once amended, met the statutory requirements and could be approved for registration. The Commission also found that the agreement was made in good faith and provided for fair and reasonable terms and conditions.

The Commission ordered that the Enterprise Agreement be approved, subject to the specified amendments being made. The Commission directed that the amendments be made within a specified timeframe and that the agreement be re-submitted for approval once the amendments had been completed. The Commission further ordered that the parties co-operate to ensure that the amendments were made and that the agreement was re-submitted for approval.

Unique Metal Cladding Systems 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