DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandex Pty Ltd T/A High-Craft Windows
(AG2015/2252)

HIGH-CRAFT WINDOWS AGREEMENT 2015-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 APRIL 2015

Application for approval of the High-Craft Windows Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the High-Craft Windows Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mandex Pty Ltd T/A High-Craft Windows. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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 17 April 2015 and, in accordance with s.54, will operate from 24 April 2015. The nominal expiry date of the Agreement is 15 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mandex Pty Ltd, trading as High-Craft Windows, recently sought approval for the High-Craft Windows Agreement 2015-2018 in the Fair Work Commission. This application arose from a dispute between the employer and employees regarding the terms and conditions of employment, specifically the scope of the agreement and its implications for various employee groups. The Commission was tasked with determining whether the proposed 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 adequately covered all employees and covered aspects of employment such as minimum wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the court needed to assess if the agreement was free from prohibited content and if it provided for appropriate dispute resolution mechanisms. The second issue was whether the agreement had been genuinely negotiated and whether it would provide better off overall compared to the applicable awards and enterprise agreements.

In rendering its decision, the Fair Work Commission closely examined the provisions of the agreement to ensure it met the legislative standards. The Commission found that the proposed agreement did cover all relevant employees and contained necessary provisions regarding wages, leave, and other employment conditions. The agreement was also deemed to be free of prohibited content and provided for suitable dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and would provide better outcomes for the employees overall. Consequently, the Commission approved the High-Craft Windows Agreement 2015-2018, subject to certain conditions.

As a result of the approval, the High-Craft Windows Agreement 2015-2018 is now in effect, governing the terms and conditions of employment for the relevant employees. The Commission's decision provides clarity and certainty for both the employer and employees, ensuring that the agreement complies with the requirements of the Fair Work Act 2009. This outcome underscores the importance of thorough negotiation and careful drafting of employment agreements to ensure they meet the necessary legal standards.

Mandex Pty Ltd T/A High-Craft Windows

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established