DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

JELD-WEN Glass Australia Pty Ltd
(AG2020/3904)

JELD-WEN GLASS AUSTRALIA (QLD) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 JANUARY 2021

Application for approval of the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2020.

[1] JELD-WEN Glass Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2021. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, JELD-WEN Glass Australia Pty Ltd applied for the approval of the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2020. The application involved a dispute between the company and its employees over the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions of the workers within the Queensland region. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was fairly and properly negotiated, and if it complied with the statutory provisions for enterprise agreements. Specifically, the Commission needed to consider whether the agreement had been made in good faith, and whether it provided for minimum entitlements and terms that were at least as favourable as those set out in the relevant awards or safety nets. Additionally, the Commission examined whether the agreement contained appropriate mechanisms for dispute resolution and whether it had been appropriately certified by the Australian Building and Construction Commission.

The Commission found that the agreement was fairly and properly negotiated and met the statutory requirements for approval. It was determined that the agreement had been made in good faith, and that it provided for terms and conditions that were at least as favourable as those set out in the relevant awards or safety nets. The Commission also found that the agreement contained appropriate mechanisms for dispute resolution, and that it had been appropriately certified by the Australian Building and Construction Commission. As a result, the Commission approved the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2020.

The Fair Work Commission approved the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2020, and the agreement is now in effect. This decision provides clarity on the terms and conditions of employment for the workers within the Queensland region and sets a precedent for similar enterprise agreements in the industry.

JELD-WEN Glass Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established