Architectural Window Systems Pty Ltd

[2023] FWCA 1353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Architectural Window Systems Pty Ltd

(AG2023/1225)

ARCHITECTURAL WINDOW SYSTEMS PTY LTD SYDNEY ENTERPRISE AGREEMENT 2023

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

Application for approval of the Architectural Window Systems Pty Ltd Sydney 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 Sydney 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

In the Fair Work Commission, the applicant, Architectural Window Systems Pty Ltd, applied for approval of the Sydney Enterprise Agreement 2023. The respondent, the Electrical Trades Union of Australia, contested the application. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wage rates, penalty rates, and other employment conditions for the workers covered by the agreement.

The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum rates of pay and conditions, whether it was free from prohibited content, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission had to assess whether the agreement had been made in good faith and whether it was in the best interests of the employees.

The Commission found that the agreement provided for minimum rates of pay and conditions that met the requirements of the Fair Work Act. The Commission also found that the agreement was free from prohibited content and complied with the relevant provisions of the Act. The Commission determined that the agreement had been made in good faith and was in the best interests of the employees. Accordingly, the Commission approved the application for the Architectural Window Systems Pty Ltd Sydney Enterprise Agreement 2023.

The Commission made an order approving the agreement and directing that it be registered with the Fair Work Commission. The agreement is now legally binding on the parties and their employees. The Commission's decision provides clarity and certainty for the parties and their employees regarding the terms and conditions of employment under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established