DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DBSJ Investments Pty Ltd t/a Walsh’s Glass
(AG2015/3633)

WALSHS GLASS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 25 JUNE 2015

Application for approval of the Walshs Glass Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Walshs Glass Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DBSJ Investments Pty Ltd t/a Walsh’s Glass. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 25 June 2015 and, in accordance with s.54, will operate from 2 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DBSJ Investments Pty Ltd, trading as Walsh’s Glass, the applicant sought the Fair Work Commission's approval of the Walsh’s Glass Enterprise Agreement 2015. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other matters. The dispute arose from objections raised by certain employees who argued that the proposed agreement did not adequately address their concerns, particularly in relation to wages and conditions.

The central legal issues before the Fair Work Commission were whether the terms of the proposed agreement met the statutory requirements for approval, and whether the agreement provided for fair and reasonable terms and conditions of employment. The applicant needed to demonstrate that the agreement had been negotiated in good faith, and that it provided for terms and conditions that were no less favourable than the applicable modern awards.

The Fair Work Commission found that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement provided for appropriate wage increases and conditions that were consistent with industry standards. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and addressed the concerns raised by the objecting employees. As a result, the Commission approved the proposed agreement.

The Fair Work Commission approved the Walsh’s Glass Enterprise Agreement 2015, subject to certain modifications to address the concerns raised by the objecting employees. The applicant was directed to provide written notice of the approved agreement to all affected employees and to take all necessary steps to give effect to the agreement. The objecting employees were given the right to apply for a review of the approved agreement by the Fair Work Commission.

DBSJ Investments Pty Ltd t/a Walsh’s Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established