JELD-WEN Glass Australia Pty Ltd

[2021] FWCA 6150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JELD-WEN Glass Australia Pty Ltd
(AG2021/7474)

JELD-WEN GLASS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 7 OCTOBER 2021

Application for approval of the JELD-WEN Glass Enterprise Agreement 2021

[1] JELD-WEN Glass Australia Pty Ltd has applied for approval of a single enterprise agreement known as the JELD-WEN Glass Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 14 October 2021. The nominal expiry date of the Agreement is 28 February 2024.

[5] The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved JELD-WEN Glass Australia Pty Ltd and its employees represented by the Transport and Storage Workers Union. The matter came before the Fair Work Commission, where the company sought approval for the JELD-WEN Glass Enterprise Agreement 2021. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements and adequately balanced the interests of both employers and employees.

The primary legal issues addressed by the Commission were whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009. Procedurally, the Commission examined whether the agreement had been fairly negotiated and whether the necessary steps, such as providing relevant information and the opportunity for employees to be represented, had been followed. Substantively, the Commission assessed whether the terms of the agreement were fair and reasonable, taking into account the principles of enterprise bargaining and the need for a safety net provided by the National Employment Standards and modern awards.

The Commission found that the agreement had been fairly negotiated and complied with the procedural requirements. It noted that the employer had provided all necessary information to the employees and allowed for adequate representation by the union. Regarding the substantive fairness, the Commission concluded that the terms of the agreement were reasonable and did not undercut the safety net provided by the National Employment Standards and modern awards. The Commission also found that the agreement appropriately balanced the interests of both parties.

Consequently, the Commission approved the JELD-WEN Glass Enterprise Agreement 2021, finding it to be in compliance with the Fair Work Act. The agreement was deemed to be fairly negotiated and substantively fair, thus meeting all necessary legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established