Vic Country Metal Roofing Pty Ltd

[2013] FWCA 9636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vic Country Metal Roofing Pty Ltd
(AG2013/10304)

VIC COUNTRY METAL ROOFING PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 9 DECEMBER 2013

Application for approval of the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vic Country Metal Roofing Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 15 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Vic Country Metal Roofing Pty Ltd, sought approval of an Enterprise Agreement entered into with its employees. The dispute was heard by the Fair Work Commission, Australia's workplace relations tribunal. The central legal issues revolved around whether the agreement complied with the relevant statutory provisions and whether it was made in good faith and without coercion. The Commission had to determine if the agreement met the necessary criteria for approval, including provisions for employee representation and consultation, and if it was appropriately negotiated.

The Fair Work Commission examined the negotiation process and contents of the agreement, ensuring it complied with the Fair Work Act 2009. The Commission assessed whether the agreement was made in good faith, considering the conduct of both parties during negotiations. The applicant needed to demonstrate that the agreement was not the result of any form of coercion or undue influence. Furthermore, the Commission scrutinised the agreement's provisions to ensure they met the statutory requirements and did not adversely affect employees' rights.

After a thorough review, the Fair Work Commission found that the agreement was appropriately negotiated in good faith and met all statutory requirements. The Commission was satisfied that the negotiation process was free from coercion and that the agreement's provisions were fair and reasonable. Consequently, the Commission approved the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2013. The decision was made in favour of the applicant, recognising the agreement as legally binding and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established