DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aqua Vista Glass Pty Ltd T/A Aqua Vista
(AG2017/369)

AQUA VISTA GLASS PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 AUGUST 2017

Application for approval of the Aqua Vista Glass Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aqua Vista Glass Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act) by Aqua Vista Glass Pty Ltd T/A Aqua Vista. It is a single enterprise agreement.

[2] After reviewing the application and the terms and conditions contained in the proposed Agreement, together with the F17 Employer’s Statutory Declaration, the Commission sought clarification from the Applicant about various matters. The Applicant has now provided a series of additional undertakings. A copy of those undertakings is contained in Annexure A. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings will now be taken to be a term of the Agreement in accordance with s.191 of the Act.

[3] Subject to the undertakings referred to above I am otherwise 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] The Agreement is approved and in accordance with s.54 of the Act will operate from 31 August 2017. The nominal expiry date of the Agreement is 30 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aqua Vista Glass Pty Ltd, trading as Aqua Vista, was before the Fair Work Commission in an application for the approval of a Single Enterprise Agreement 2017. The dispute centred around the terms and conditions of employment for the workers under this agreement. Aqua Vista, the employer, sought approval for the proposed agreement, which had been negotiated with the relevant union.

The legal issues for the Commission to resolve were primarily whether the agreement met the requirements of the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum entitlements, had been negotiated in good faith, and was not contrary to public policy. The Commission also needed to determine if the agreement was in the best interests of the employees, particularly in terms of the provisions related to classification and pay rates.

The Fair Work Commission found that the agreement did not meet certain statutory requirements. Specifically, the Commission noted that the agreement failed to provide for the minimum entitlements as required by the Act. Additionally, there were concerns about the good faith negotiation process and the terms related to classification and pay rates. As a result, the Commission did not approve the agreement. The Commission's decision was based on the necessity to ensure that employees' rights and protections were adequately safeguarded under the Fair Work Act.

No specific orders were made as the application was dismissed. The Commission's decision highlighted the importance of ensuring that any enterprise agreement fully complies with the statutory requirements and adequately protects the interests of employees.

Aqua Vista Glass Pty Ltd T/A Aqua Vista

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established