DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airlite Windows Pty Ltd
(AG2018/1422)

AIRLITE WINDOWS PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2018

Application for approval of the Airlite Windows Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Airlite Windows Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airlite Windows Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2018. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Airlite Windows Pty Ltd, the applicant sought approval for the Airlite Windows Pty Ltd Enterprise Agreement 2018. The dispute was heard in the Fair Work Commission, which was tasked with determining whether the agreement should be approved and registered. The applicant, Airlite Windows Pty Ltd, argued that the agreement was in the best interests of the employees and the business. The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly section 230, which outlines the criteria for an enterprise agreement to be approved.

The Commission examined whether the agreement was made in good faith, provided for the proper characterisation of employees, and contained provisions that were fair and reasonable. Additionally, the Commission considered whether the agreement had been made without coercion, and whether it complied with any relevant minimum standards. After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements. The Commission concluded that the agreement was made in good faith and without coercion, and that it provided for the proper characterisation of employees. Furthermore, the Commission determined that the agreement contained provisions that were fair and reasonable, and that it complied with all relevant minimum standards.

In reaching its decision, the Commission emphasised the importance of the process by which the agreement was negotiated and the fact that it had been accepted by a majority of the employees. The Commission noted that the agreement contained provisions that addressed key issues for both the employer and employees, and that it provided for a fair and reasonable resolution of those issues. Having found that the agreement met all the necessary criteria, the Commission approved the Airlite Windows Pty Ltd Enterprise Agreement 2018 and ordered its registration. The decision highlights the importance of ensuring that enterprise agreements are negotiated in good faith and that they meet the statutory requirements for approval and registration.

Airlite Windows 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