DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JELD-WEN Glass Australia
(AG2016/6970)

JELD-WEN GLASS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the JELD-WEN Glass Enterprise Agreement 2016.

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

[2] The Applicant 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.

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

[4] 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.

[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

JELD-WEN Glass Australia applied to the Fair Work Commission for approval of the JELD-WEN Glass Enterprise Agreement 2016. The application involved a dispute between the applicant and the trade union, United Voice, regarding the terms of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements for an enterprise agreement. This involved assessing whether the agreement was made in good faith and whether it contained the necessary provisions, including the minimum terms and conditions mandated by the Fair Work Act. Additionally, the Commission had to consider the extent to which the agreement provided for fair and efficient processes for resolving workplace disputes.

In its decision, the Fair Work Commission noted that the proposed agreement contained all the necessary minimum terms and conditions. The Commission found that the agreement was made in good faith and met the statutory requirements for approval. The Commission also concluded that the agreement provided for fair and efficient processes for resolving workplace disputes, including provisions for dispute resolution and the protection of employee rights. Consequently, the Commission approved the JELD-WEN Glass Enterprise Agreement 2016.

The Fair Work Commission approved the proposed enterprise agreement, finding it met the necessary statutory criteria. The agreement was made in good faith and contained all required minimum terms and conditions. The Commission also found that the agreement provided for fair and efficient processes for resolving workplace disputes.

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