2WM Glass & Aluminium Pty Ltd

[2023] FWCA 76

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

2WM Glass & Aluminium Pty Ltd

(AG2022/5389)

2WM GLASS & ALUMINIUM PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 10 JANUARY 2023

Application for approval of the 2WM Glass & Aluminium Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the 2WM Glass & Aluminium Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 2WM Glass & Aluminium Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 17 January 2023. The nominal expiry date of the Agreement is 10 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, 2WM Glass & Aluminium Pty Ltd, sought approval for the 2WM Glass & Aluminium Pty Ltd Enterprise Agreement 2022. The agreement was between the company and its employees, represented by the United Voice union. The central dispute revolved around the terms and conditions of employment outlined in the agreement, including wages, working hours, and other employment-related matters.

The primary legal issues the Commission needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, including if it provided for minimum entitlements and if it was fairly negotiated. The Commission also had to consider whether the agreement was in the best interest of the employees and if it complied with the principles of good faith bargaining.

The Commission found that the agreement was comprehensive and addressed all relevant terms and conditions of employment. The parties had engaged in good faith bargaining, and the agreement provided for minimum entitlements as required by law. The Commission concluded that the agreement was fair and balanced, meeting all statutory requirements. It was approved, ensuring that the employees would be covered by the terms of the agreement, providing clarity and certainty in their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established