Architectural Window Systems Pty Ltd

[2023] FWCA 1355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Architectural Window Systems Pty Ltd

(AG2023/1228)

ARCHITECTURAL WINDOW SYSTEMS PTY LTD MELBOURNE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 MAY 2023

Application for approval of the Architectural Window Systems Pty Ltd Melbourne Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Architectural Window Systems Pty Ltd Melbourne Enterprise Agreement 2023 (Agreement).

I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 May 2023. The nominal expiry date of the Agreement is 11 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute regarding the approval of a proposed enterprise agreement for the Architectural Window Systems Pty Ltd Melbourne Enterprise Agreement 2023. The applicant, Architectural Window Systems Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including the requirement for the agreement to provide for fair and reasonable terms and conditions.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements outlined in the Fair Work Act. This included assessing whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the principles of direct and indirect comparability, and whether it met the procedural requirements for the making of an enterprise agreement. Additionally, the Commission considered whether there were any provisions in the agreement that might be deemed unfair or unreasonable.

In delivering its decision, the Commission carefully examined the provisions of the agreement against the statutory criteria. It found that the agreement generally provided for fair and reasonable terms and conditions, taking into account the need for direct and indirect comparability. The Commission also noted that the agreement had been made following appropriate procedural requirements, including the provision of relevant information to the employees and the opportunity for them to discuss and negotiate the terms of the agreement. After weighing these considerations, the Commission determined that the agreement met the necessary criteria for approval.

Accordingly, the Fair Work Commission approved the Architectural Window Systems Pty Ltd Melbourne Enterprise Agreement 2023, finding it to be fair and reasonable and compliant with the statutory requirements. The agreement was thus authorised to take effect and be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established