DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Glazing Pty Ltd
(AG2019/3370)

CONSTRUCTION GLAZING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 23 SEPTEMBER 2019

Application for approval of the Construction Glazing Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Construction Glazing Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction Glazing Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 September 2019.

[3] I note that clause 1.5 of the Agreement provides that it is to be read in conjunction with the Joinery and Building Trades Award 2010.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 22 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Construction Glazing Pty Ltd was the subject of an application for the approval of the Construction Glazing Pty Ltd Enterprise Agreement 2019, brought before the Fair Work Commission. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The company, an employer in the construction industry, sought to have the agreement recognised as a valid enterprise agreement. This would facilitate improved terms and conditions for its employees while ensuring compliance with the legislative framework governing industrial relations.

The primary legal issues before the Commission were whether the agreement provided for the appropriate minimum terms and conditions as mandated by the Fair Work Act, and whether it was made in accordance with the procedural requirements set forth in the legislation. The Commission needed to determine if the agreement was made without improper conduct and if it was properly negotiated. The parties involved also contested whether the agreement provided for appropriate mechanisms for dispute resolution and compliance monitoring.

In examining these issues, the Commission considered evidence and submissions from both the employer and the union representing the employees. The Commission assessed whether the agreement was made in good faith and whether it met the criteria for approval under the Act. The evidence presented indicated that the agreement was negotiated with appropriate consultation and that it provided for terms and conditions that were no less favourable than the relevant awards or the national employment standards. Furthermore, the agreement included provisions for dispute resolution and compliance mechanisms, which were deemed adequate. Based on these findings, the Commission concluded that the agreement met the necessary legal standards and was in accordance with the requirements of the Fair Work Act.

Consequently, the Fair Work Commission approved the Construction Glazing Pty Ltd Enterprise Agreement 2019, recognising it as a valid enterprise agreement. This decision ensures that the terms and conditions of employment for the employees of Construction Glazing Pty Ltd are governed by this agreement, providing a framework for industrial relations in accordance with the Fair Work Act.

Construction Glazing 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