DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt Barker Glass Pty Ltd t/a Mt Barker Glass
(AG2016/3676)

MT BARKER GLASS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the Mt Barker Glass Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mt Barker Glass Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mt Barker Glass Pty Ltd t/a Mt Barker Glass. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 8 August 2016 and, in accordance with s.54, will operate from 15 August 2016. The nominal expiry date of the Agreement is 8 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mt Barker Glass Pty Ltd, trading as Mt Barker Glass, applied to the Fair Work Commission for approval of the Enterprise Agreement 2016. The applicant and the union representing the employees were unable to agree on certain terms, leading to the application. The Fair Work Commission heard the matter and was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Fair Work Commission included whether the agreement provided for the minimum entitlements of employees, whether it was free from prohibited content, and if it complied with other relevant provisions of the Fair Work Act 2009. The Commission also needed to assess whether the agreement had been made in good faith and if the necessary procedural requirements were met.

The Fair Work Commission found that the agreement provided for the minimum entitlements of employees and was free from prohibited content. The Commission determined that the agreement complied with all relevant provisions of the Fair Work Act 2009 and had been made in good faith. The necessary procedural requirements were also met. Based on these findings, the Fair Work Commission approved the Enterprise Agreement 2016.

The Fair Work Commission approved the Enterprise Agreement 2016 and made the necessary orders for its registration. The agreement is now legally binding on the applicant and the employees it covers. The union and the applicant must now work within the terms of the approved agreement, and any disputes arising from its interpretation or application must be resolved in accordance with its provisions.

Mt Barker Glass Pty Ltd t/a Mt Barker Glass

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established