Masterglass & Aluminium Pty Ltd Summary

[2016] FWCA 1070

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glass & Glazing Association Victoria Inc

(AG2015/7241)

MASTERGLASS & ALUMINIUM ENTERPRISE BARGAINING

AGREEMENT 2015-2019

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 18 FEBRUARY 2016

Application for approval of the MasterGlass & Aluminium Enterprise Bargaining Agreement

2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the

MasterGlass & Aluminium Enterprise Bargaining Agreement 2015-2019 (the Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by the Glass & Glazing Association Victoria Inc. 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, 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.
[2016] FWCA 1070

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

25 February 2016. The nominal expiry date of the Agreement is 17 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417882 PR577167

[2016] FWCA 1070

Annexure A

CaseChat Overview and Summary

The case involved an application by the Glass & Glazing Association Victoria Inc for the approval of the MasterGlass & Aluminium Enterprise Bargaining Agreement 2015-2019. This application was brought under section 185 of the Fair Work Act 2009. The agreement in question was a single enterprise agreement, and the applicant provided written undertakings as part of the application process. The court was required to determine whether the agreement met the requirements set out in sections 186, 187, 188, and 190 of the Act, and whether the undertakings provided would not cause financial detriment to employees or result in substantial changes to the agreement.

The Commissioner considered the provisions of the Fair Work Act and the undertakings provided by the applicant. The Commissioner found that the agreement met the statutory requirements for approval and that the undertakings would not cause financial detriment to employees or result in substantial changes to the agreement. The Commissioner was satisfied that the applicant had provided sufficient evidence to demonstrate that the agreement was fair and reasonable, and that it met the necessary criteria for approval. The court also noted that the nominal expiry date of the agreement was 17 February 2020.

In light of the above, the Commissioner approved the agreement and ordered that it would operate from 25 February 2016. The court considered that the agreement was fair and reasonable, and that it met the necessary criteria for approval. The court also noted that the applicant had provided written undertakings that would not cause financial detriment to employees or result in substantial changes to the agreement. The court was satisfied that the agreement was in the best interests of the employees and the employer, and that it would promote harmonious, productive and cooperative workplace relations.

Masterglass & Aluminium Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established