DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hartley Glass Pty Ltd T/A Hartley Glass
(AG2016/5069)

HARTLEY GLASS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CRIBB	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Hartley Glass Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hartley Glass Pty Ltd 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 Hartley Glass Pty Ltd T/A Hartley Glass. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to apprentices and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisation.

[5] The Agreement was approved in Chambers on 31 October 2016 and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 6 November 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hartley Glass Pty Ltd trading as Hartley Glass, brought an application to the Fair Work Commission seeking approval of an enterprise agreement. The agreement in question was the Hartley Glass Pty Ltd Enterprise Agreement 2016, which had been negotiated between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union. The applicant contended that the agreement should be certified as meeting the requirements of the Fair Work Act 2009.

The primary legal issues before the Fair Work Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act, including provisions related to minimum entitlements, procedural fairness, and good faith bargaining. The Commission had to determine if the agreement contained all the mandatory terms and conditions as required by the Act, and whether it was the product of genuine bargaining between the parties.

The Fair Work Commission found that the Hartley Glass Pty Ltd Enterprise Agreement 2016 complied with the statutory requirements of the Fair Work Act. The agreement contained all the mandatory terms and conditions, and the Commission was satisfied that it was the product of genuine bargaining between the parties. The Commission approved the agreement, finding that it met the necessary criteria for certification under the Act. The decision was based on a detailed examination of the negotiation process, the content of the agreement, and the evidence presented by the parties.

The Fair Work Commission certified the Hartley Glass Pty Ltd Enterprise Agreement 2016, effective from the date of the decision. The Commission found that the agreement was compliant with all statutory requirements and that it had been genuinely bargained between the parties. The certification of the agreement allows it to be enforced as a binding contract between the applicant and the union, providing a framework for the terms and conditions of employment for the relevant workforce.

Hartley Glass Pty Ltd T/A Hartley Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established