Central Highlands Glass and Glazing Summary

[2013] FWCA 3987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Glass and Glazing
(AG2013/6508)

CENTRAL HIGHLANDS GLASS AND GLAZING - GLAZIERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 JUNE 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Glass and Glazing - Glaziers 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, AE401913 PR538059>
APPENDIX A

CaseChat Overview and Summary

Central Highlands Glass and Glazing is an application for the approval of the Central Highlands Glass and Glazing - Glaziers Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The applicant, Central Highlands Glass and Glazing, sought approval of the enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the enterprise agreement met the necessary requirements for approval, including the process through which it was negotiated and whether it provided for fair and reasonable terms for employees.

The primary legal issues the court needed to address were whether the agreement was genuinely negotiated, if it contained the necessary minimum terms, and if it ensured procedural fairness. The court examined the negotiation process to determine if it was conducted in good faith and whether it involved genuine consultation between the parties. Additionally, the court assessed if the agreement provided for minimum terms of employment, including pay and conditions, and if it was procedurally fair in its creation.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and contained the necessary minimum terms. The process was deemed to have involved genuine consultation and good faith bargaining. The court also concluded that the agreement was procedurally fair, as it provided for adequate representation and input from both parties. Consequently, the application for approval was granted, and the enterprise agreement was approved.

The Fair Work Commission ordered the approval of the Central Highlands Glass and Glazing - Glaziers Enterprise Agreement 2013, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding on the parties involved, providing a framework for the employment conditions of the glaziers under the agreement.

Central Highlands Glass and Glazing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established