FABSCO Pty Ltd Summary

[2024] FWCA 1702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FABSCO Pty Ltd

(AG2024/1371)

FABSCO PTY LTD (DUOGLASS, KITCHEN CRAFTSMEN AND DOUBLE GLAZING WEST) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 MAY 2024

Application for approval of the Fabsco Pty Ltd (DuoGlass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Fabsco Pty Ltd (DuoGlass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by FABSCO Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 6 May 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2020, the Commercial Sales Award 2020 and the Joinery and Building Trades Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model consultation term

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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 15 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, FABSCO Pty Ltd sought approval of the Fabsco Pty Ltd (DuoGlass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2024, before the Fair Work Commission. The dispute centred on the terms and conditions outlined within the agreement, which aimed to govern the employment relationship between the company and its workforce. The Commission was tasked with determining whether the agreement complied with the necessary legal standards and whether it provided adequate protections for the employees involved.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. This included examining whether the agreement was made in good faith, whether it included terms that were no less favourable than the relevant national employment standards, and whether the process by which the agreement was negotiated and executed was fair and appropriate. The company argued that the agreement was the result of genuine negotiations and provided fair terms for both parties, while the employees' representatives raised concerns about certain provisions that they believed did not adequately protect workers' rights.

In reaching its decision, the Commission carefully reviewed the content of the agreement and the process by which it was negotiated. It found that the agreement contained terms that were no less favourable than the national minimum standards and that the process of negotiation had been fair. The Commission also noted the company's efforts to involve employees in the negotiation process and their willingness to address concerns raised by the employees' representatives. Consequently, the Commission approved the agreement, finding it to be compliant with the requirements of the Act.

The Commission's final order was to approve the Fabsco Pty Ltd (DuoGlass, Kitchen Craftsmen and Double Glazing West) Enterprise Agreement 2024, thereby formalising the terms and conditions that would govern the employment relationship between the company and its workforce. This decision ensures that the agreement is legally binding and provides a framework for resolving any future disputes between the parties.

FABSCO Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established