1St Glass Australia Pty Ltd Summary

[2016] FWCA 1679

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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1st Glass Australia Pty Ltd t/a 1	Glass Australia
(AG2016/326)

1ST GLASS AUSTRALIA PTY LTD SINGLE ENTERPRISE

AGREEMENT DECEMBER 2015

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 18 MARCH 2016

Application for approval of the 1st Glass Australia Pty Ltd Single Enterprise Agreement

December 2015.

[1] An application has been made for approval of an enterprise agreement known as the

1st Glass Australia Pty Ltd Single Enterprise Agreement December 2015 (the Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by 1st Glass Australia Pty Ltd t/a 1st Glass Australia. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1679

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

25 March 2016. The nominal expiry date of the Agreement is 17 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1679

Annexure A

[2016] FWCA 1679

CaseChat Overview and Summary

In this case, the Fair Work Commission received an application from 1st Glass Australia Pty Ltd, trading as 1st Glass Australia, for the approval of the 1st Glass Australia Pty Ltd Single Enterprise Agreement December 2015. The application was made under section 185 of the Fair Work Act 2009. The applicant submitted that the agreement met all relevant requirements for approval and provided written undertakings to ensure the terms would not cause financial detriment to any employee or result in substantial changes to the agreement. The primary legal issue before the Commissioner was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act 2009. The Commissioner considered the applicant's submission, the provided written undertakings, and relevant sections of the Act and Fair Work Regulations 2009. The Commissioner found that the agreement met all relevant requirements, including sections 186, 187, 188, and 190 of the Act. The model consultation and flexibility terms prescribed by the Fair Work Regulations 2009 were also deemed to be part of the agreement. Consequently, the Commissioner approved the enterprise agreement, which will operate from 25 March 2016, with a nominal expiry date of 17 March 2020. The Commissioner's decision was based on the applicant's compliance with the statutory requirements for approval and the provision of satisfactory written undertakings.

1St Glass Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established