[2016] FWCA 3088 [Note: An appeal pursuant to s.604 (C2016/1322) was lodged against this decision.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JELD-WEN Australia Pty Ltd T/A JELD-WEN Australia QLD
(AG2016/958)

JELD-WEN AUSTRALIA QLD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MAY 2016

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 Australia Pty Ltd T/A JELD-WEN Australia QLD. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JELD-WEN Australia Pty Ltd, trading as JELD-WEN Australia QLD, applied to the Fair Work Commission for the approval of the JELD-WEN Australia QLD Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for workers under the agreement, including wages, hours, and other employment conditions. The Fair Work Commission, as the relevant industrial relations tribunal in Australia, was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable awards or registered agreements, whether it adhered to the procedural requirements for negotiation and approval, and if it met the 'better off overall test' to ensure that employees were not worse off under the new agreement.

In reaching its decision, the Fair Work Commission examined the negotiation process, the terms of the agreement, and the evidence provided by both parties. The Commission concluded that the agreement was negotiated in good faith and contained terms and conditions that were not less favourable than the relevant awards or registered agreements. The Commission further determined that the agreement passed the 'better off overall test', as employees were not disadvantaged by the terms of the agreement. Therefore, the Fair Work Commission approved the JELD-WEN Australia QLD Enterprise Agreement 2021, deeming it to be compliant with the legal requirements set out in the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the JELD-WEN Australia QLD Enterprise Agreement 2021, which became a legally binding agreement between the employer and the employees covered by the agreement. This decision ensured that the terms and conditions of employment for the workers under JELD-WEN Australia QLD were formally recognised and protected under Australian industrial relations law.

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