DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jeld-Wen Glass Australia
(AG2019/3995)

JELD-WEN GLASS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 7 JANUARY 2020

Application for approval of the JELD-WEN Glass Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the JELD-WEN Glass Enterprise Agreement 2019 (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 Glass Australia. The Agreement is a single enterprise agreement.

[2] The employer 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. The undertakings are taken to be a term of the Agreement.

[3] The employer did not notify employees of the place the vote would occur. The Applicant submits employees were not formally notified of the location of the vote as voting normally takes place in the lunchroom area. I note that 25 employees cast a valid vote of which 23 voted to approve the Agreement. Pursuant to s.188(2), I am satisfied the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3) of the Act. I am satisfied the employees covered by the Agreement were not likely to have been disadvantaged by the error as a result and am satisfied the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[7] The Agreement is approved and in accordance with s.54, will operate from 14 January 2020. The nominal expiry date of the Agreement is 30 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the JELD-WEN Glass Enterprise Agreement 2019. The applicant, JELD-WEN Glass Australia, sought the Commission's endorsement of the proposed agreement which was intended to govern the terms and conditions of employment for its workforce. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly regarding its compliance with the "better off overall test" and other statutory requirements.

The key legal issues addressed by the Commission included whether the agreement provided employees with a fair and reasonable set of terms compared to their previous conditions, and if the agreement had been negotiated in good faith. Additionally, the Commission examined whether the agreement complied with the procedural requirements set forth in the legislation, including the need for genuine bargaining and the provision of necessary information to the employees. The fairness and reasonableness of the proposed terms, particularly those concerning wages, hours of work, and other employment conditions, were critically assessed.

In deliberating on these issues, the Fair Work Commission evaluated the evidence presented by both parties. It considered the negotiations process, the submissions made by the union and the employer, and the views of the employees. The Commission concluded that the proposed agreement did meet the better off overall test and was negotiated in good faith. It also found that the agreement was procedurally sound and complied with all relevant statutory requirements. Consequently, the Commission approved the JELD-WEN Glass Enterprise Agreement 2019.

The final orders of the Commission included the approval of the enterprise agreement, which would now govern the employment terms for the workforce of JELD-WEN Glass Australia. The agreement was set to take effect from the date of the Commission's decision, subject to the parties' compliance with the terms and conditions outlined within the approved document.

Jeld-Wen Glass Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established