JELD-WEN Glass Australia Pty Ltd Summary

[2023] FWCA 2150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 – Application for approval of a variation of an enterprise agreement

JELD-WEN Glass Australia Pty Ltd

(AG2023/2274)

JELD-WEN GLASS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 14 JULY 2023

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

An application has been made for approval of a variation to the JELD-WEN Glass Enterprise Agreement 2021 (the Agreement). The application was made by JELD-WEN Glass Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 14 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by JELD-WEN Glass Australia Pty Ltd to vary the JELD-WEN Glass Enterprise Agreement 2021. The application was filed under the Fair Work Act 2009, seeking modifications to the agreement to accommodate changes in business operations and to ensure the agreement remained fair and reasonable for both the company and its employees. The employees, represented by a union, opposed the application, arguing that the proposed changes would adversely affect their working conditions and entitlements.

The legal issues before the Commission centred on whether the proposed changes to the enterprise agreement were necessary and appropriate, and whether they constituted a good faith attempt to facilitate the organisation’s operational requirements. The Commission also needed to determine if the changes were fair and reasonable in all the circumstances, including the impact on employees, and whether they complied with relevant statutory provisions and principles of good faith bargaining.

The Commission carefully reviewed the evidence and submissions from both parties. It examined the reasons provided by the company for the proposed changes, including the need to adapt to market conditions and improve efficiency. The Commission also assessed the potential impact of the changes on employees, considering factors such as job security, remuneration, and working conditions. After thorough deliberation, the Commission found that the proposed changes were necessary and appropriate, and that they represented a good faith attempt to address the company’s operational needs. The changes were deemed to be fair and reasonable, taking into account the overall circumstances. Therefore, the Commission granted the application and approved the variations to the enterprise agreement.

JELD-WEN Glass Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established