DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamic Glass Pty Ltd
(AG2015/2537)

DYNAMIC GLASS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MAY 2015

Application for approval of the Dynamic Glass Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dynamic Glass Pty Ltd 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 Dynamic Glass Pty Ltd. 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 4 May 2015 and, in accordance with s.54, will operate from 11 May 2015. The nominal expiry date of the Agreement is 4 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dynamic Glass Pty Ltd recently brought an application before the Fair Work Commission for the approval of the Enterprise Agreement 2015. The agreement was made between the company and the Australian Manufacturing Workers' Union and the National Union of Workers. The nature of the dispute was the validity and fairness of the terms and conditions set out in the agreement. The Commission, being the relevant tribunal under the Fair Work Act 2009, was tasked with ensuring that the agreement complied with the statutory requirements and did not adversely affect the employees' basic rights.

The legal issues before the Commission involved examining whether the agreement met the prerequisites for approval as per section 174 of the Fair Work Act. This included assessing whether the agreement had been made in accordance with the mandatory bargaining obligations, whether it contained the prescribed minimum terms and conditions, and whether it was free from any discriminatory provisions. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms for both the employer and the employees, taking into account the public interest and the need to maintain harmonious industrial relations.

After a thorough examination of the agreement and the submissions made by both parties, the Commission found that the Enterprise Agreement 2015 met all the necessary requirements for approval. The agreement was deemed to have been made in good faith, without any coercion or undue influence. It contained all the prescribed minimum terms and conditions, and there were no provisions that were considered discriminatory or unfair. The Commission concluded that the agreement was beneficial to both parties and would contribute positively to the industrial relations environment. The application was thus approved, and the agreement was registered under the Fair Work Act.

Dynamic Glass 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