DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plumb Glazing Pty Ltd
(AG2015/5055)

PLUMB GLAZING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the Plumb Glazing Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Plumb Glazing Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plumb Glazing Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Plumb Glazing Pty Ltd Enterprise Agreement 2015. The applicant, Plumb Glazing, sought the court's endorsement of the agreement, which had been negotiated between the company and its employees. The dispute centred on the terms of the agreement, including its compliance with relevant industrial laws and fairness to the employees. The case was heard in the Fair Work Commission, which has the authority to approve enterprise agreements under Australian industrial relations legislation.

The primary legal issues before the court were whether the agreement was genuinely a bargain between the parties, if it met the requirements of the Fair Work Act 2009, and if it provided fair terms and conditions of employment. The court had to consider whether the agreement was made in good faith, whether it provided for the proper classification of employees, and if it contained terms that were consistent with the provisions of the Act. Additionally, the court assessed whether the agreement contained mandatory terms that were required by the Act and if the agreement provided for appropriate dispute resolution mechanisms.

In reaching its decision, the court found that the agreement was indeed a genuine bargain between the parties, made in good faith, and that it met the requirements of the Fair Work Act 2009. The court noted that the agreement included provisions for the proper classification of employees and contained terms that were fair and reasonable. The court also determined that the agreement provided for the necessary mandatory terms and included appropriate dispute resolution mechanisms. Based on these findings, the court approved the Plumb Glazing Pty Ltd Enterprise Agreement 2015.

The court's decision resulted in the approval of the enterprise agreement. The agreement was deemed to be a genuine bargain, compliant with the Fair Work Act 2009, and providing fair terms and conditions of employment. The court's approval of the agreement allowed it to be legally binding on the parties involved, providing a framework for the employment relationship between Plumb Glazing and its employees.

Plumb Glazing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established