DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vic Country Metal Roofing Pty Ltd T/A Vic Country Metal Roofing
(AG2017/6650)

VIC COUNTRY METAL ROOFING PTY LTD ENTERPRISE AGREEMENT 2017

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2017 (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 T/A Vic Country Metal Roofing. 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 lodged contained several referencing errors. On 26 June 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 27 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vic Country Metal Roofing Pty Ltd, trading as Vic Country Metal Roofing, applied for approval of its enterprise agreement, the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2017. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred around the validity and fairness of the proposed agreement, which aimed to regulate the terms and conditions of employment for employees within the company.

The central legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether it met the "better off overall test" (BOOT). This test requires that employees be no worse off financially and at least as well off in other respects under the new agreement compared to their previous conditions. Additionally, the Commission needed to determine whether the agreement appropriately balanced the interests of both employers and employees and complied with procedural fairness requirements.

In rendering its decision, the Commission carefully examined the evidence and submissions from both parties. It concluded that the agreement had been made in a procedurally fair manner, with adequate consultation and negotiation between the parties. The Commission found that the agreement met the BOOT, as employees were not worse off financially and were at least as well off in other respects. Furthermore, the Commission was satisfied that the agreement appropriately balanced the interests of both parties and complied with the requirements of the Fair Work Act. As a result, the Commission approved the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2017, deeming it to be a lawful and fair agreement.

The Fair Work Commission approved the Vic Country Metal Roofing Pty Ltd Enterprise Agreement 2017, finding it to be procedurally fair and compliant with the requirements of the Fair Work Act. The agreement was determined to meet the better off overall test and appropriately balanced the interests of both employers and employees.

Vic Country Metal Roofing Pty Ltd T/A Vic Country Metal Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established