DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Glass & Glazing Pty Ltd T/A Central Highlands Glass
(AG2017/2166)

CENTRAL HIGHLANDS GLASS AND GLAZING - FABRICATORS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2017

Application for approval of the Central Highlands Glass and Glazing – Fabricators Enterprise Agreement 2017.

[1] On 9 June 2017 Central Highlands Glass & Glazing Pty Ltd T/A Central Highlands Glass (Applicant) made an application for approval of the Central Highlands Glass and Glazing - Fabricators 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.

[3] 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. In any case, the employee representative has indicated its acceptance of the undertakings to the Applicant.

[4] 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.

[5] 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.

[6] 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

In the Fair Work Commission, the matter of Central Highlands Glass & Glazing Pty Ltd, trading as Central Highlands Glass, was heard. The dispute centred on the application for approval of the Central Highlands Glass and Glazing – Fabricators Enterprise Agreement 2017. The applicant sought approval of the agreement which had been negotiated with the union. The central issues the court had to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the requirements for a certified agreement. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it had been genuinely negotiated.

The court considered the submissions made by both the applicant and the union, along with any objections raised by other parties. It examined the provisions of the agreement, including pay rates, hours of work, leave entitlements, and other conditions of employment. The court also took into account the bargaining power of the parties, the nature of the industry, and the broader economic context. In assessing whether the agreement was in the best interests of the employees, the court considered factors such as the level of pay and conditions provided, the potential impact on employment, and any benefits or detriments to the employees. The court also assessed whether the agreement had been genuinely negotiated, taking into account the conduct of the parties during the negotiation process and whether any undue influence or pressure had been exerted.

After considering the evidence and arguments presented, the court found that the agreement met the requirements for approval. The court was satisfied that the agreement was in the best interests of the employees and had been genuinely negotiated. The court noted the fair and reasonable nature of the agreement, which provided for competitive pay rates and conditions of employment, and the potential benefits for the employees, such as improved job security and working conditions. The court approved the agreement, determining that it met the necessary criteria and was in the interests of the employees. This decision was made in the interest of promoting fair and effective workplace relations and ensuring that employees were protected under a certified agreement.

Central Highlands Glass & 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