DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Glass and Glazing Pty Ltd T/A Central Highlands Glass
(AG2017/2291)

CENTRAL HIGHLANDS GLASS AND GLAZING - GLAZIERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2017

Application for approval of the Central Highlands Glass and Glazing - Glaziers Enterprise Agreement 2017.

[1] On 9 June 2017, Central Highlands Glass and Glazing Pty Ltd T/A Central Highlands Glass (Applicant) made an application for approval of the Central Highlands Glass and Glazing – Glaziers Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 July 2017. The nominal expiry date of the Agreement is 6 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Central Highlands Glass and Glazing Pty Ltd, trading as Central Highlands Glass, sought approval for the Central Highlands Glass and Glazing - Glaziers Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent, the Australian Building and Construction Union (ACTU), contested the fairness and reasonableness of the agreement.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included assessing whether the agreement had been negotiated in good faith, whether it provided for minimum entitlements as prescribed by the Act, and whether it was free from any unfair content. The Commission also had to determine if the agreement was in the best interests of the employees and whether it met the public interest test.

The Commission found that the agreement was negotiated in good faith and met the procedural requirements for approval. The agreement provided for minimum entitlements and was free from any unfair content. The Commission concluded that the agreement was in the best interests of the employees and met the public interest test. Therefore, the Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Central Highlands Glass and Glazing - Glaziers Enterprise Agreement 2017. The approval was granted on the basis that the agreement met the necessary criteria for approval under the Fair Work Act. The Commission found that the agreement was fair and reasonable, provided for minimum entitlements, and was free from any unfair content. The Commission also concluded that the agreement was in the best interests of the employees and met the public interest test.

Central Highlands Glass and Glazing Pty Ltd T/A Central Highlands Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established