Central Highlands Glass and Glazing

[2013] FWCA 3986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Glass and Glazing
(AG2013/6496)

CENTRAL HIGHLANDS GLASS AND GLAZING - FABRICATORS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 JUNE 2013

Application for approval of the Central Highlands Glass and Glazing - Fabricators Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Glass and Glazing - Fabricators Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Central Highlands Glass and Glazing. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 June 2013. The nominal expiry date of the Agreement is 26 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE401912 PR538057>
APPENDIX A

CaseChat Overview and Summary

The parties involved in the dispute were the employer, Central Highlands Glass and Glazing, and the employees' union, which sought approval for the Enterprise Agreement. The nature of the dispute centred around whether the Enterprise Agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring that the agreement was in the best interests of the employees. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues that the Commission had to decide were whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act 2009, and whether it was in the best interests of the employees. Specifically, the Commission had to consider whether the agreement adequately protected employees' entitlements, provided fair and reasonable terms, and was free from any unfair provisions. The union argued that the agreement met all these requirements, while the employer contended that certain provisions were not in the best interests of the employees.

The Fair Work Commission, after reviewing the evidence and arguments presented by both parties, found that the Enterprise Agreement did comply with the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement did not contain any unfair provisions that would disadvantage the employees. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Central Highlands Glass and Glazing - Fabricators Enterprise Agreement 2013, determining that it met all statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees. The Commission's decision effectively settled the dispute between the employer and the union, providing a legally binding framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established