DECISION

Fair Work Act 2009
s.185—Enterprise agreement

2WM Glass & Aluminium Pty Ltd
(AG2019/2341)

2WM GLASS & ALUMINIUM PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 7 AUGUST 2019

Application for approval of the 2WM Glass & Aluminium Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the 2WM Glass & Aluminium Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by 2WM Glass & Aluminium Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 July 2019.

[3] It is noted that pursuant to clause 4.1, the Agreement is to be read in conjunction with the Building and Construction General On-site Award 2010 for on-site employees, and the Joinery and Building Trades Award 2010 for factory employees.

[4] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 13 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

2WM Glass & Aluminium Pty Ltd applied for the Fair Work Commission's approval of the 2WM Glass & Aluminium Pty Ltd Enterprise Agreement 2019. The applicant is an employer and the respondents include various unions representing employees within the business. The dispute revolves around the terms and conditions of employment as outlined in the proposed enterprise agreement, including matters such as wages, hours of work, and other employment conditions. The application was heard by the Fair Work Commission.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the "better off overall test" and whether it contained terms that were fair and reasonable. The court also needed to ensure that the agreement was free from any unlawful content and that the proper procedures for its negotiation and execution were followed. The unions argued that certain terms of the agreement did not adequately protect employees, while the employer contended that the agreement was fair and in the best interests of both parties.

In considering these issues, the court examined the evidence presented by both sides and assessed whether the agreement provided employees with a fair and reasonable set of terms and conditions. The court found that the proposed agreement met the better off overall test and did not contain any unlawful terms. The court was satisfied that the agreement was negotiated in good faith and that the employees had been adequately informed and consulted. Consequently, the court approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The Fair Work Commission approved the 2WM Glass & Aluminium Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The court's approval is subject to the agreement being registered with the Fair Work Commission, and it will apply to all employees covered by the agreement. The decision ensures that the terms and conditions of employment are legally compliant and that both employers and employees are protected under the new agreement.

2WM Glass & Aluminium 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