Construction Glazing Pty Ltd T/A Construction Glazing Pty Ltd

[2024] FWCA 4391

[2024] FWCA 4391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction Glazing Pty Ltd T/A Construction Glazing Pty Ltd

(AG2024/4150)

CONSTRUCTION GLAZING PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2024

Application for approval of the Construction Glazing Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Construction Glazing Pty Ltd Enterprise Agreement 2024 (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 Construction Glazing Pty Ltd. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 August 2023 and the Agreement was made on 9 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Joinery and Building Trades Award 2020 (the Award) is taken to be a term of the Agreement.

1. 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.

1. 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.

1. I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 18 December 2027.

DEPUTY PRESIDENT

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