DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aneeta Windows Systems (Sales) Pty Ltd T/A Aneeta Windows
(AG2014/8957)

ANEETA WINDOW SYSTEMS (SALES) PTY LTD FACTORY COLLECTIVE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Aneeta Window Systems (Sales) Pty Ltd Factory Collective Agreement 2014-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Aneeta Window Systems (Sales) Pty Ltd Factory Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aneeta Windows Systems (Sales) Pty Ltd (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aneeta Windows Systems (Sales) Pty Ltd, trading as Aneeta Windows, applied for the approval of the Aneeta Windows Systems (Sales) Pty Ltd Factory Collective Agreement 2014-2017, which was lodged with the Fair Work Commission (FWC). The applicant is an employer that operates a factory in Melbourne. The dispute involved the approval of a collective agreement between the employer and its employees represented by the Building Construction, Forestry, Maritime, Mining and Energy Union (the Union). The matter was heard by Deputy President Smith in the FWC.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith and whether it covered the necessary matters. Additionally, the court considered whether the agreement provided for a proper process for resolving disputes and whether it met the requirements for coverage and bargaining.

The court found that the agreement was made in good faith and covered all necessary matters. It was noted that the agreement provided for a process for resolving disputes and that it met the requirements for coverage and bargaining. The court also considered the evidence of the parties and the submissions made by both sides. Ultimately, the court was satisfied that the agreement met the criteria for approval and granted the application for approval of the collective agreement.

The court ordered that the Aneeta Windows Systems (Sales) Pty Ltd Factory Collective Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be registered and will apply to the employees of the applicant for the period specified in the agreement. The court noted that the agreement provided for a fair and reasonable process for resolving disputes and that it met the requirements for coverage and bargaining. The court also noted that the agreement was made in good faith and that it provided for the proper protection of the interests of both the employer and the employees.

Aneeta Windows Systems (Sales) Pty Ltd T/A Aneeta Windows

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established