DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stegbar Pty Limited
(AG2018/6168)

STEGBAR PTY LTD (GAVEN - ALUMINIUM WINDOWS) ENTERPRISE AGREEMENT 2018 -2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2019

Application for approval of the Stegbar Pty Ltd (Gaven - Aluminium Windows) Enterprise Agreement 2018 -2021.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (Gaven - Aluminium Windows) Enterprise Agreement 2018 -2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stegbar Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 17 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stegbar Pty Limited, the applicant, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, dated 2018-2021, was proposed for the aluminium windows sector, covering employees who are members of the relevant union. The applicant's request was made under the Fair Work Act 2009, which mandates that such agreements meet specific criteria to be considered "registered" and enforceable. The legal issues centred on whether the agreement complied with the Act's requirements, including provisions on employee protections, fair terms, and procedural fairness in the agreement-making process.

The court examined the agreement to determine if it met the statutory criteria for registration. This included assessing whether the agreement had been genuinely negotiated, if it contained the necessary minimum terms and conditions, and if it complied with the procedural fairness requirements. The applicant had to demonstrate that the agreement was negotiated in good faith and that it provided for fair terms and conditions of employment. Additionally, the court scrutinised the agreement to ensure it did not undermine the protection of employees' rights and did not contain any terms that were contrary to public policy.

The Fair Work Commission found that the agreement complied with all the necessary legal requirements. It was determined that the agreement had been genuinely negotiated between the applicant and the union, and it contained the mandated minimum terms and conditions. The court also found that the agreement did not undermine the protection of employees' rights and did not contain any terms contrary to public policy. Consequently, the court approved the agreement, which will now be registered and enforceable under the Fair Work Act.

The Fair Work Commission approved the Stegbar Pty Limited Enterprise Agreement 2018-2021, finding it met all the criteria for registration. The agreement is now registered and enforceable, providing a framework for the terms and conditions of employment for the relevant employees within the aluminium windows sector.

Stegbar Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established