Glass & Glazing Association Victoria Inc.

[2014] FWCA 6693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glass & Glazing Association Victoria Inc.
(AG2014/7387)

ALL POINTS GLASS PTY LTD ENTERPRISE BARGAINING AGREEMENT - RINGWOOD 2014-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the All Points Glass Pty Ltd Enterprise Bargaining Agreement - Ringwood 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the All Points Glass Pty Ltd Enterprise Bargaining Agreement - Ringwood 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glass & Glazing Association Victoria Inc. 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] The Agreement was approved on 23 September 2014 and, in accordance with s.54, will operate from 30 September 2014. The nominal expiry date of the Agreement is 29 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Glass & Glazing Association Victoria Inc. (plaintiff) applied for approval of the All Points Glass Pty Ltd Enterprise Bargaining Agreement – Ringwood 2014-2016 (EBA). The All Points Glass Pty Ltd (defendant) opposed the application, arguing that the EBA did not meet the requirements of the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission (FWC).

The FWC was required to determine whether the EBA met the procedural and substantive requirements of the Fair Work Act. Procedurally, the FWC needed to consider whether the EBA was made in accordance with the prescribed process. Substantively, the FWC had to assess whether the EBA contained terms that were contrary to public policy or were otherwise unlawful. The FWC also needed to consider whether the EBA provided for terms and conditions of employment that were fair and reasonable.

The FWC found that the EBA was made in accordance with the prescribed process and contained terms that were fair and reasonable. The FWC rejected the defendant’s argument that the EBA was contrary to public policy or unlawful. The FWC noted that the EBA provided for appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The FWC also found that the EBA did not contain any terms that were unreasonable or oppressive. Accordingly, the FWC approved the EBA.

The FWC approved the All Points Glass Pty Ltd Enterprise Bargaining Agreement – Ringwood 2014-2016. The defendant was ordered to pay the plaintiff’s costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established