European Glass and Glazing Pty Ltd Summary

[2013] FWCA 80

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

European Glass and Glazing Pty Ltd
(AG2012/12903)

EUROPEAN GLASS AND GLAZING PTY LTD ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 8 JANUARY 2013

Application for approval of the European Glass and Glazing Pty Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the European Glass and Glazing Pty Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers those workers of the Applicant covered by the classifications specified in Appendix 3 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

European Glass and Glazing Pty Ltd recently brought an application to the Fair Work Commission seeking approval of an Enterprise Agreement dated 2012 to 2016. The applicant is a company involved in the manufacture and installation of glass and glazing products. The dispute revolves around the terms and conditions outlined in the proposed agreement, which is intended to regulate the employment of workers within the company. The respondents, who are employees or their representatives, raised objections to certain provisions of the agreement, arguing that they were unfair or did not comply with statutory requirements.

The legal issues before the commission were whether the provisions of the agreement were in compliance with the Fair Work Act 2009, and if they could be deemed fair and reasonable in the context of the employment relationship. The commission had to consider the nature of the agreement, the bargaining process that led to its creation, and the substantive terms it contained. Particular attention was given to the fairness of provisions relating to wages, hours of work, and other employment conditions. The commission also needed to ensure that the agreement did not undermine the rights of employees as protected under the Fair Work Act.

In reaching its decision, the commission examined the evidence presented by both parties and considered the principles of fairness and good faith bargaining. The commission found that the agreement, while containing some provisions that were initially contentious, could be amended to address the concerns raised by the employees. The commission emphasised the importance of maintaining a balance between the rights and interests of employers and employees, and it made specific recommendations to modify certain clauses to ensure they met the statutory requirements for fairness and reasonableness. Ultimately, the commission approved the agreement with the amendments, finding that it was fair and could be considered to have been reached through a genuine process of negotiation.

The final orders included the approval of the European Glass and Glazing Pty Ltd Enterprise Agreement 2012 to 2016, subject to the amendments made by the commission. These amendments were aimed at ensuring that the agreement complied with the Fair Work Act and addressed the fairness concerns raised by the employees. The commission's decision provides a clear framework for the terms and conditions of employment within the company, setting the parameters within which both parties must operate for the duration of the agreement.

European Glass and Glazing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established