DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Economy Glass Victoria Pty Ltd
(AG2016/885)

ECONOMY GLASS ENTERPRISE BARGAINING AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 24 MAY 2016

Application for approval of the Economy Glass Enterprise Bargaining Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Economy Glass Enterprise Bargaining Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Economy Glass Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 24 May 2016 and, in accordance with s.54, will operate from 31 May 2016. The nominal expiry date of the Agreement is 24 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE419088 PR580698>
ANNEXURE A

CaseChat Overview and Summary

Economy Glass Victoria Pty Ltd sought approval of the Economy Glass Enterprise Bargaining Agreement 2016-2020, which was intended to govern the employment conditions of its employees. The application was made before the Fair Work Commission, which has jurisdiction to approve, modify, and terminate enterprise agreements. The dispute centred around the fairness and reasonableness of the proposed agreement, particularly in relation to certain provisions concerning employee entitlements and conditions of work.

The primary legal issues the court had to address were whether the proposed agreement met the statutory criteria for approval, specifically under sections 231 and 232 of the Fair Work Act 2009. The court examined if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, overtime, penalty rates, leave entitlements, and other employment conditions. It also considered whether the agreement was appropriately made and if it complied with the procedural requirements for the negotiation and making of the agreement.

The Fair Work Commission found that the proposed agreement was fair and reasonable, as it provided for adequate terms and conditions of employment and met the statutory requirements for approval. The court highlighted that the agreement had been negotiated in good faith and that the parties had followed the necessary procedures. It also noted that the agreement provided for adequate protections and benefits for employees, including minimum wage rates, leave entitlements, and other conditions of employment. The Commission approved the Economy Glass Enterprise Bargaining Agreement 2016-2020, determining it to be fair and reasonable.

In conclusion, the Fair Work Commission approved the Economy Glass Enterprise Bargaining Agreement 2016-2020, finding it met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it was appropriately made in accordance with the Fair Work Act 2009. This decision provides clarity for employers and employees in the glass industry regarding the terms and conditions of employment covered by the approved agreement.

Economy Glass Victoria 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