Southern Star Windows Pty Ltd Summary

[2013] FWCA 8501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Star Windows Pty Ltd
(AG2013/9832)

SOUTHERN STAR WINDOWS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Southern Star Windows Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Southern Star Windows Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Star Windows 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.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 November 2013. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Star Windows Pty Ltd applied to the Fair Work Commission for approval of the Southern Star Windows Enterprise Agreement 2013, which would establish terms and conditions for employees in the window manufacturing industry. The application followed a series of negotiations between the company and the union representing the employees, and the dispute involved several contentious issues regarding the proposed terms of the agreement.

The legal issues before the commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included an assessment of whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for enterprise agreements. The commission had to consider various factors, including the bargaining power of the parties, the nature of the industry, and the fairness of the proposed terms for the employees.

In its decision, the commission determined that the proposed agreement met the statutory requirements for approval. The commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the bargaining power of the parties and the nature of the industry. The commission also found that the agreement complied with the procedural requirements for enterprise agreements, including the provision of relevant information to the employees and the opportunity for consultation and negotiation. The commission approved the Southern Star Windows Enterprise Agreement 2013, which will establish the terms and conditions for employees in the window manufacturing industry.

The Fair Work Commission approved the Southern Star Windows Enterprise Agreement 2013, subject to certain modifications to address minor procedural concerns. The commission ordered that the agreement be published and provided to the employees, and that the company take steps to ensure that the agreement is properly implemented and enforced. The union and the company were also required to notify the commission of any future disputes or issues arising under the agreement.

Southern Star Windows Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established