Construction Glazing Pty Ltd Summary

[2025] FWCA 1273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Construction Glazing Pty Ltd

(AG2025/894)

CONSTRUCTION GLAZING PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2025

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

An application has been made for approval of a variation to the Construction Glazing Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made by Construction Glazing Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary appendix 2, clause 5.7 of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 17 April 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Construction Glazing Pty Ltd, the applicant, seeking a variation to the Construction Glazing Pty Ltd Enterprise Agreement 2024. The application was brought by the company in an effort to alter certain terms and conditions of employment for its workforce. The Commission was tasked with considering whether the proposed changes were in the interests of the employees and whether they met the statutory requirements for approval.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were procedurally valid and whether they could be justified as being in the interests of the employees. The applicant needed to demonstrate that the changes were not only procedurally sound but also beneficial or at least not detrimental to the employees. The Commission also needed to assess whether the changes adhered to the principles of good faith bargaining and whether they complied with the relevant provisions of the Fair Work Act.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the broader implications of the proposed changes on the workforce. The Commission noted that the applicant had presented a comprehensive case for the variations, including arguments about the economic necessity of the changes and the potential benefits to the company, which in turn could lead to job security. However, the Commission was also mindful of the need to protect the rights and interests of the employees. After careful consideration, the Commission determined that the proposed changes were procedurally valid and found that they did not adversely affect the employees. The changes were seen as necessary for the company's viability and thus were in the interests of the employees. Consequently, the Commission approved the application for variation.

The Fair Work Commission approved the application for variation of the Construction Glazing Pty Ltd Enterprise Agreement 2024, allowing the proposed changes to proceed. The decision was made on the basis that the variations were procedurally valid and were in the interests of the employees. This outcome was reached after a thorough examination of the evidence and consideration of the broader implications for the workforce.

Construction Glazing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established