DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Com-Al Windows Pty Ltd
(AG2021/4235)

COM-AL WINDOWS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 APRIL 2021

Application for approval of the Com-Al Windows Pty Ltd Enterprise Agreement 2020.

[1] Com-Al Windows Pty Ltd has applied for approval of a single enterprise agreement known as the Com-Al Windows Pty Ltd Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 21 April 2021. The nominal expiry date of the Agreement is 13 April 2025.

[4] The flexibility term in the Agreement is inconsistent with section 203(6)(a) of the Act. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Com-Al Windows Pty Ltd, the applicant sought approval of the Enterprise Agreement 2020, which was to govern the employment terms and conditions of its employees. The dispute arose from the negotiation process and content of the agreement, which was intended to supersede the existing conditions of employment. The case was heard in the Fair Work Commission, the federal industrial relations tribunal with jurisdiction over such matters.

The primary legal issues before the Commission involved the validity and fairness of the terms of the proposed agreement. The applicant argued that the agreement was fair and appropriate given the economic and operational context in which it was negotiated. Conversely, the respondents contended that certain provisions of the agreement were unjust, either because they imposed unreasonable working conditions or because they failed to adequately represent the interests of the employees. The Commission was required to determine whether the agreement was genuinely bargained for, whether it was fair and reasonable, and whether it complied with the statutory requirements set out in the Fair Work Act 2009.

In considering these issues, the Commission examined the negotiation process and the content of the agreement in detail. It assessed whether the agreement met the requirements of genuine bargaining and whether it contained terms that were fair and reasonable. The Commission also took into account the economic context, the specific needs of the enterprise, and the interests of the employees. Ultimately, the Commission found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. It approved the Enterprise Agreement 2020, thereby resolving the dispute in favour of the applicant.

No further orders were made beyond the approval of the agreement. The decision confirmed the Commission's authority to approve enterprise agreements that meet the statutory criteria, and it provided a framework for similar disputes in the future.

Com-Al Windows Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established