DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Com-Al Windows Pty Ltd
(AG2016/3228)

COM-AL WINDOWS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JULY 2016

Application for approval of the Com-Al Windows Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Com-Al Windows Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Com-Al Windows Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 14 July 2016 and, in accordance with s.54, will operate from 21 July 2016. The nominal expiry date of the Agreement is 14 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Com-Al Windows Pty Ltd recently appeared before the Fair Work Commission, where the application for approval of the Com-Al Windows Pty Ltd Enterprise Agreement 2016 was heard. This enterprise agreement pertains to employees who are classified as either employees of Com-Al Windows Pty Ltd or employees of the associated company, Com-Al Windows Pty Ltd. The primary issue at hand was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the commission centred on whether the enterprise agreement contained all the necessary elements required by law, including the provision of a minimum rate of pay and any other terms and conditions of employment. Additionally, the commission had to consider whether the agreement was made in good faith and whether the requisite procedural fairness was observed during its creation. A critical aspect of the inquiry was ensuring that the agreement did not disadvantage employees in a manner that contravened the provisions of the Fair Work Act.

In delivering its decision, the commission meticulously reviewed the provisions of the enterprise agreement and examined the process by which it was negotiated and executed. The commission found that the agreement contained all necessary minimum terms and conditions and was made in good faith. It also determined that the appropriate procedures were followed, ensuring that the employees' interests were adequately represented and protected. Consequently, the commission approved the enterprise agreement, recognising its compliance with the statutory requirements. This decision will have implications for the terms and conditions under which employees of Com-Al Windows Pty Ltd and its associated company are employed.

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