Airlite Windows Pty Ltd Summary

[2013] FWCA 7628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Orchestra of Victoria T/A Orchestra Victoria
(AG2013/2874)

ORCHESTRA VICTORIA ENTERPRISE AGREEMENT 2013

Live performance industry
COMMISSIONER CRIBB	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the Orchestra Victoria Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Orchestra Victoria Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the State Orchestra of Victoria T/A Orchestra Victoria. The agreement is a single-enterprise agreement.

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

[3] The Media, Entertainment and Arts Alliance, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement was approved in Chambers on 30 September 2013 and, in accordance with s.54 of the Act, will operate from 7 October 2013. The nominal expiry date of the Agreement is 14 October 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Airlite Windows Pty Ltd and Orchestra Victoria. The dispute centred around the application for approval of the Orchestra Victoria Enterprise Agreement 2013. The matter was heard in the Fair Work Commission of Australia. The central legal issues that the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as prescribed by the Act.

The court examined the process through which the agreement was negotiated and concluded. It assessed whether both parties had engaged in genuine and meaningful discussions, and if the agreement reflected a fair and reasonable outcome for both employees and the employer. The court also looked into whether the agreement contained all the mandated minimum terms as required by the Fair Work Act. The primary focus was on ensuring that the agreement was not only procedurally sound but also substantively fair and in compliance with the legislative framework.

In its reasoning, the court found that the agreement was indeed made in good faith, as evidenced by the thorough and extensive negotiation process between the parties. The court was satisfied that all minimum terms were included in the agreement, and it met the requirements of the Fair Work Act. Consequently, the court approved the Orchestra Victoria Enterprise Agreement 2013. The decision underscored the importance of adhering to the legislative framework and the principles of good faith in enterprise bargaining.

Airlite Windows Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established