DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jeld-Wen Australia Pty Ltd T/A JELD-WEN Australia QLD
(AG2019/2758)

JELD-WEN AUSTRALIA QLD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 30 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the JELD-WEN Australia QLD Enterprise Agreement (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 Australian Pty Ltd T/A JELD-WEN Australia QLD (the Applicant). The Agreement is a single enterprise agreement.

[2] I note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that the Notice of Employee Representation Rights (NERR) was not provided to employees in form prescribed by the Regulations. Rather it was provided on a previously prescribed NERR form. I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor procedural error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of this error. 1

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2019. The nominal expiry date of the Agreement is midnight on 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

CaseChat Overview and Summary

The applicant, Jeld-Wen Australia Pty Ltd trading as JELD-WEN Australia QLD, applied to the Fair Work Commission for approval of the JELD-WEN Australia QLD Enterprise Agreement. The agreement was intended to govern the employment terms and conditions of the applicant's employees. The legal issues at the heart of this application revolved around whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections concerning the coverage of the agreement and the extent to which it provided for the terms and conditions of employment.

The Fair Work Commission considered whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement covered only matters that were "agreeable" as defined by the Act, whether it was made in good faith and with a genuine intent to reach agreement, and whether it complied with the process and procedural requirements set out in the legislation. The Commission examined the negotiation process, the terms of the agreement, and whether the agreement provided for the terms and conditions of employment in a manner that complied with the statutory framework.

Upon review, the Fair Work Commission found that the enterprise agreement was made in good faith, was agreeable, and met all statutory requirements. The agreement was deemed to comply with the Fair Work Act and was approved for registration. The Commission was satisfied that the process followed in reaching the agreement was fair and that the terms of the agreement were appropriate for the employees covered.

The final orders of the Fair Work Commission were that the JELD-WEN Australia QLD Enterprise Agreement be approved and registered as a registered agreement under the Fair Work Act 2009. This approval ensures that the terms and conditions of employment set out in the agreement are legally enforceable between the applicant and its employees.

Jeld-Wen Australia Pty Ltd T/A JELD-WEN Australia QLD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established