All Points Glass Pty Ltd - Ringwood Summary

[2013] FWCA 1370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Points Glass Pty Ltd - Ringwood
(AG2013/428)

ALL POINTS GLASS PTY LTD - RINGWOOD ENTERPRISE AGREEMENT 2012 - 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 5 MARCH 2013

Application for approval of the All Points Glass Pty Ltd - Ringwood Enterprise Agreement 2012-2013.

[1] An application has been made for approval of a single- agreement known as the All Points Glass Pty Ltd - Ringwood Enterprise Agreement 2012-2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Points Glass Pty Ltd - Ringwood.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2013. The nominal expiry date of the Agreement is 11 March 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Points Glass Pty Ltd, an employer, sought approval of the All Points Glass Pty Ltd - Ringwood Enterprise Agreement 2012-2013. This agreement involved employees at their Ringwood premises, with the dispute centering on whether the agreement met the necessary legal standards for approval. The Fair Work Commission heard the matter, tasked with determining if the agreement complied with the requirements set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions and if it was made in good faith and without coercion. The Commission had to ensure that the agreement complied with the procedural requirements for bargaining and that it did not disadvantage employees unduly. Additionally, the Commission assessed whether the agreement had been made fairly and in good faith, free from any form of coercion or undue influence.

The Commission carefully reviewed the evidence and submissions provided by both parties. It determined that the agreement was made in good faith, without any coercion, and contained all the mandated terms and conditions as required by the Fair Work Act. The Commission also found that the agreement had been negotiated fairly, in line with the procedural requirements for enterprise agreements. Consequently, the Commission approved the All Points Glass Pty Ltd - Ringwood Enterprise Agreement 2012-2013.

The Fair Work Commission granted approval of the All Points Glass Pty Ltd - Ringwood Enterprise Agreement 2012-2013, finding it to be compliant with the legal standards and procedural requirements set out in the Fair Work Act. The agreement was deemed to have been made in good faith and without coercion, and it contained all the necessary terms and conditions. The approval allowed the agreement to take effect, providing a framework for the employment conditions of the relevant employees.

All Points Glass Pty Ltd - Ringwood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established