DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Star Windows Pty Ltd
(AG2020/895)

SOUTHERN STAR WINDOWS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 APRIL 2020

Application for approval of the Southern Star Windows Enterprise Agreement 2019

[1] Southern Star Windows Pty Ltd has made an application for approval of an enterprise agreement known as the Southern Star Windows Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The Construction, Forestry, Maritime, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 April 2020 and, in accordance with s 54, will operate from 1 May 2020. The nominal expiry date of the Agreement is 30 September 2023.

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 2019. The applicant, Southern Star Windows Pty Ltd, is an employer in the window manufacturing industry, and the respondent, the Australian Manufacturing Workers' Union, is a trade union representing employees in the industry. The dispute centred on the terms and conditions of employment outlined in the proposed agreement and whether they complied with the relevant legislative framework, including the Fair Work Act 2009.

The primary legal issues before the court were whether the proposed agreement met the requirements for registration under section 233 of the Fair Work Act 2009, and whether it provided for the fair and reasonable terms and conditions of employment. This included examining the provisions of the agreement against the 'better off overall test' and ensuring that the agreement did not unfairly disadvantage any employees. The court also needed to assess whether the agreement had been made in accordance with the procedural requirements outlined in the Act, including whether the union had genuinely bargained on behalf of the employees.

The Fair Work Commission found that the proposed agreement satisfied the requirements for approval. The Commission determined that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment, including meeting the 'better off overall test'. The Commission also found that the agreement had been made in accordance with the procedural requirements of the Act, including that the union had genuinely bargained on behalf of the employees. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The final orders of the Fair Work Commission were that the Southern Star Windows Enterprise Agreement 2019 be approved and registered under section 186 of the Fair Work Act 2009. The agreement will now be in effect from the date of registration and will govern the terms and conditions of employment for the employees covered by the agreement. The Commission also ordered that the applicant provide a copy of the approved agreement to the respondent and to any employees who are not already in possession of a copy.

Southern Star Windows 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