Pappas Glass Pty Ltd atf Pappas Family Trust and Roshen Pty Ltd atf Roshen Family Trust T/A Pappas Commercial Windows

[2013] FWCA 3389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pappas Glass Pty Ltd atf Pappas Family Trust and Roshen Pty Ltd atf Roshen Family Trust T/A Pappas Commercial Windows
(AG2013/6523)

PAPPAS COMMERCIAL WINDOWS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 MAY 2013

Application for approval of the Application for approval of the Pappas Commercial Windows Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pappas Commercial Windows Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Pappas Glass Pty Ltd and Roshen Pty Ltd, trading as Pappas Commercial Windows, which sought approval of the Pappas Commercial Windows Enterprise Agreement 2013. The applicants sought the Fair Work Commission's approval of the enterprise agreement as it was not agreed to by all the employees concerned. The court was required to consider whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement satisfied the criteria for approval under section 232 of the Act. This included whether the agreement provided for a fair and efficient method of determining terms and conditions of employment, and whether it included terms that would be contrary to public policy. Additionally, the court examined whether the agreement had been made in good faith and whether it complied with the procedural requirements.

The court found that the enterprise agreement met the necessary criteria for approval. It determined that the agreement provided a fair and efficient method for determining terms and conditions of employment and did not include terms that would be contrary to public policy. The court also concluded that the agreement had been made in good faith and complied with the necessary procedural requirements. Consequently, the application for approval of the enterprise agreement was approved.

The Fair Work Commission approved the Pappas Commercial Windows Enterprise Agreement 2013, and the applicants were granted the relief they sought. The court's decision provided clarity on the requirements for enterprise agreements and reinforced the importance of meeting the statutory criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established