Architectural Window Systems Pty Ltd

[2023] FWCA 1352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Architectural Window Systems Pty Ltd

(AG2023/1223)

ARCHITECTURAL WINDOW SYSTEMS PTY LTD BRISBANE ENTERPRISE AGREEMENT 2023

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

Application for approval of the Architectural Window Systems Pty Ltd Brisbane 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 Brisbane 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 case of Architectural Window Systems Pty Ltd involved an application for the approval of the Architectural Window Systems Pty Ltd Brisbane Enterprise Agreement 2023. The application was lodged by the employer, Architectural Window Systems Pty Ltd, seeking to have the proposed agreement registered as a single-employer enterprise agreement. The nature of the dispute centred on the compliance of the agreement with the requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement contained all the required terms and provisions as mandated by the Act, and if it was free from any unfair content. The Commission needed to determine whether the agreement met the criteria for approval, including its fairness, the process by which it was negotiated, and its compliance with relevant industrial laws. Additionally, the Commission had to consider submissions from any interested parties, including employees and unions, regarding the fairness and appropriateness of the agreement's terms.

After thorough consideration of the application and the submissions received, the Commission determined that the proposed agreement complied with all the necessary statutory requirements. The agreement was found to be fair, having been negotiated in good faith, and contained all the mandated terms as per the Act. The Commission was satisfied that the process of negotiation had been conducted appropriately and that the agreement did not include any unfair content. Consequently, the application was approved, and the Architectural Window Systems Pty Ltd Brisbane Enterprise Agreement 2023 was registered as a single-employer enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established