DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Euroglass Australia Pty Ltd T/A Euroglass
(AG2016/1097)

EUROGLASS AUSTRALIA PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Euroglass Australia Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Euroglass Australia Pty Ltd Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Euroglass Australia Pty Ltd T/A Euroglass. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 7 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Euroglass Australia Pty Ltd, trading as Euroglass, applied for approval of the Euroglass Australia Pty Ltd Single Enterprise Agreement 2016. The application was made under section 186 of the Fair Work Act 2009. The dispute arose from negotiations between the employer and the Australian Manufacturing Workers' Union, which resulted in the proposed agreement. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been fairly negotiated. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with any relevant industry awards.

The Commission found that the agreement was fair and reasonable, had been fairly negotiated, and was in the best interests of the employees. The Commission noted that the agreement provided for a wage increase and improvements to leave entitlements, which were significant benefits for the employees. The Commission also found that the agreement complied with any relevant industry awards. As such, the Commission approved the agreement.

The Fair Work Commission approved the Euroglass Australia Pty Ltd Single Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The agreement provides for a wage increase and improvements to leave entitlements, among other benefits. The Commission's decision is final and binding on the parties.

Euroglass Australia Pty Ltd T/A Euroglass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established