JELD-WEN Glass Australia Pty Limited

[2013] FWCA 4881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JELD-WEN Glass Australia Pty Limited
(AG2013/1562)

JELD-WEN GLASS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 19 JULY 2013

Application for approval of the JELD-WEN Glass Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the JELD-WEN Glass Enterprise Agreement 2013 (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 Pty Limited.

[2] 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.

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

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking 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 26 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JELD-WEN Glass Australia Pty Limited sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement was intended to cover employees within the glazing and glass industries, and the dispute arose from the application's submission and subsequent negotiations. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was genuinely negotiated, and if it contained the required provisions for employee protection and fair terms. Additionally, the court had to consider whether the agreement complied with the procedural requirements set out in the Act, including the provision of necessary information to affected employees and the opportunity for proper consultation. The validity of the agreement hinged on the FWC's assessment of these elements.

The FWC determined that the agreement had been genuinely negotiated and contained all required provisions for employee protection and fair terms. The court found that the application met the procedural requirements, including the provision of necessary information to employees and the opportunity for proper consultation. Consequently, the FWC approved the JELD-WEN Glass Enterprise Agreement 2013. The decision was made on the basis that the agreement was fair and balanced, and it met all legislative requirements for such agreements.

The final orders included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. This decision ensured that the agreement would be legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established