DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dingley Glass Company Pty Ltd
(AG2018/1678)

DINGLEY GLASS COMPANY PTY LTD ENTERPRISE BARGAINING AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Dingley Glass Company Pty Ltd Enterprise Bargaining Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Dingley Glass Company Pty Ltd Enterprise Bargaining Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dingley Glass Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190 the Act to clarify the parties’ intended operation of Clause 3 of the Agreement. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2018. The nominal expiry date of the Agreement is 23 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Dingley Glass Company Pty Ltd and its employees, with the Fair Work Commission (FWC) being the court in this matter. The dispute centred around the application for approval of the Dingley Glass Company Pty Ltd Enterprise Bargaining Agreement 2018-2021, which was a proposed agreement between the employer and the employees. The primary issue the court had to address was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" (BOOT), which ensures that employees are not worse off under the new agreement compared to their previous terms of employment or the applicable award.

The court undertook a thorough analysis of the proposed agreement, assessing its provisions against the statutory criteria outlined in the Fair Work Act. The FWC considered the overall financial implications for employees, including wages, allowances, and other conditions of employment. The court also examined whether the agreement provided for adequate protections and benefits for employees, such as leave entitlements, dispute resolution mechanisms, and other conditions that contribute to a fair and equitable workplace. The FWC determined that the proposed agreement did indeed meet the BOOT, as it provided for improvements in certain areas, such as increased wages and better leave entitlements, while ensuring that no employee would be worse off overall.

Following its analysis, the FWC approved the Dingley Glass Company Pty Ltd Enterprise Bargaining Agreement 2018-2021, finding it to be compliant with the statutory requirements. The court found that the proposed agreement met the necessary standards and provided for a fair and reasonable set of terms and conditions for the employees. The final orders of the court included the approval of the agreement, which would now govern the employment relationship between the Dingley Glass Company Pty Ltd and its employees for the specified period.

Dingley Glass Company 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