Amedee Glass Pty Ltd

Case [2019] FWCA 2675


[2019] FWCA 2675
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Amedee Glass Pty Ltd
(AG2018/6449)

AMEDEE GLASS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries

COMMISSIONER LEE

SYDNEY, 17 APRIL 2019

Application for approval of the Amedee Glass Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Amedee Glass Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amedee Glass Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 16 April 2023.

COMMISSIONER

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<AE502998  PR707186>

Details
AGLC
Amedee Glass Pty Ltd [2019] FWCA 2675
Case
[2019] FWCA 2675
Decision Date

CaseChat Overview and Summary

Amedee Glass Pty Ltd is the subject of an application for approval of an enterprise agreement between the company and its employees. The application was heard in the Fair Work Commission. The dispute revolves around whether the enterprise agreement, which was negotiated and signed by the parties, should be approved and registered by the Commission.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant legislative provisions and whether it was fairly negotiated. The Commission had to determine if the agreement met the criteria for approval as stipulated in the Fair Work Act 2009. This included assessing whether the agreement provided for appropriate terms and conditions of employment, including minimum rates of pay and other entitlements, and whether it had been genuinely negotiated between the parties.

The Commission found that the enterprise agreement was fairly negotiated and complied with the necessary legislative requirements. It noted that the agreement contained provisions for minimum rates of pay, allowances, and other employment conditions that were in line with industry standards. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for the fair and reasonable terms and conditions of employment for the employees. As such, the Commission approved the enterprise agreement and ordered its registration.

The Fair Work Commission approved the Amedee Glass Pty Ltd Enterprise Agreement 2018-2022 and ordered its registration. The agreement is now legally binding on both the company and its employees for the specified period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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