DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Glazing Pty Ltd T/A Adelaide Aluminium
(AG2017/6595)

ADELAIDE ALUMINIUM ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JUNE 2018

Application for approval of the Adelaide Aluminium Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Aluminium Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction Glazing Pty Ltd T/A Adelaide Aluminium. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Construction Glazing Pty Ltd, trading as Adelaide Aluminium, applied for the approval of the Adelaide Aluminium Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues that the Commission had to decide included whether the agreement was in the interests of employees, whether it included the appropriate bargaining representatives, and whether it provided adequate mechanisms for resolving disputes.

The Fair Work Commission considered the provisions of the Fair Work Act and the evidence presented regarding the agreement. The Commission noted that the agreement had been negotiated in good faith and involved a fair process. It also observed that the agreement contained provisions for resolving disputes and provided for adequate protections for employees. After considering all the evidence, the Commission concluded that the agreement met the requirements of the Act and was in the best interests of the employees.

The Fair Work Commission approved the Adelaide Aluminium Enterprise Agreement 2017, finding that it met the statutory requirements and was in the interests of the employees. The Commission made an order approving the agreement, which will now be in effect for the duration specified in the agreement. The decision provides clarity for the parties involved and sets a precedent for similar agreements in the future.

Construction Glazing Pty Ltd T/A Adelaide Aluminium

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established