DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FABSCO Pty Ltd T/A Kitchen Craftsmen, Duo Glass and Double Glazing West
(AG2019/369)

FABSCO PTY LTD (DUO GLASS, KITCHEN CRAFTSMEN AND DOUBLE GLAZING WEST) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 8 AUGUST 2019

Application for approval of the Fabsco Pty Ltd (Duo Glass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fabsco Pty Ltd (Duo Glass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FABSCO Pty Ltd T/A Kitchen Craftsmen, Duo Glass and Double Glazing West. The Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 August 2019. The nominal expiry date of the Agreement is 7 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Fabsco Pty Ltd trading as Duo Glass, Kitchen Craftsmen and Double Glazing West, sought the court's approval for their 2019 Enterprise Agreement. The application was contested by the respondents, the Australian Building and Construction Commission and Building Construction General On-site Union. The dispute centred on whether the agreement adequately addressed the terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms. The matter was heard in the Fair Work Commission.

The primary legal issue the court had to address was whether the enterprise agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement fairly reflected the terms and conditions of employment, including whether it provided for the protection of employees' rights and interests. Another key issue was whether the agreement had been genuinely negotiated between the parties. The court also considered whether the agreement met the requirements for registration and approval under the Fair Work Act.

In its decision, the Fair Work Commission found that the 2019 Enterprise Agreement did indeed comply with the Fair Work Act. The court concluded that the agreement was genuinely negotiated and reflected the terms and conditions of employment for the employees covered by the agreement. The commission also found that the agreement provided adequate protection for employees' rights and interests and met all the necessary requirements for registration and approval. The court approved the agreement based on these findings.

The Fair Work Commission approved the Fabsco Pty Ltd Enterprise Agreement 2019, confirming its compliance with the Fair Work Act. The agreement was deemed to have been genuinely negotiated and to provide for the fair terms and conditions of employment for the employees involved. The court's approval ensures that the agreement will be legally binding and enforceable.

FABSCO Pty Ltd T/A Kitchen Craftsmen, Duo Glass and Double Glazing West

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established