Jeld-Wen Australia Pty Ltd

[2023] FWCA 1964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Jeld-Wen Australia Pty Ltd

(AG2023/1879)

JELD-WEN AUSTRALIA QLD ENTERPRISE AGREEMENT 2023-2025

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 29 JUNE 2023

Application for approval of the JELD-WEN Australia QLD Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the JELD-WEN Australia QLD Enterprise Agreement 2023-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jeld-Wen Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jeld-Wen Australia Pty Ltd applied to the Fair Work Commission to approve the JELD-WEN Australia QLD Enterprise Agreement 2023-2025. The applicant, a company operating in the construction industry, sought to establish terms and conditions of employment for its employees covered by the agreement. The dispute centred on the procedural fairness and substantive fairness of the agreement. The applicant argued that the agreement was negotiated in good faith and provided fair and reasonable terms. The Fair Work Commission was required to determine whether the agreement was appropriately negotiated and whether it met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated in good faith and whether it contained terms that were fair and reasonable. The Commission had to examine the process by which the agreement was negotiated, the content of the agreement, and whether it complied with the criteria set out in the Fair Work Act. The Commission also had to consider whether any terms of the agreement unduly disadvantaged any party and whether the agreement promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the agreement was genuinely negotiated in good faith and met the requirements for approval. The Commission determined that the negotiation process was transparent and inclusive, involving multiple meetings and discussions with the employees' representatives. The Commission also concluded that the terms of the agreement were fair and reasonable, providing a balance between the interests of the employer and the employees. The Commission noted that the agreement contained provisions that promoted harmonious workplace relations and provided for fair and reasonable terms of employment. The Commission found that the agreement did not unduly disadvantage any party and was in the best interests of the employees.

The Fair Work Commission approved the JELD-WEN Australia QLD Enterprise Agreement 2023-2025, effective from the date of the decision. The Commission's decision was based on the finding that the agreement was genuinely negotiated in good faith and contained terms that were fair and reasonable. The Commission's approval of the agreement provided certainty and stability for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established