DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stegbar Pty Ltd
(AG2021/5507)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 21 JULY 2021

Application for approval of the Stegbar Pty Ltd (Gaven Aluminium Windows) Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (Gaven Aluminium Windows) Enterprise Agreement 2021-2024 (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 Ltd. 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. The undertakings are taken to be a term of 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 17 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Stegbar Pty Ltd recently had an application for approval of the Enterprise Agreement for its employees heard by the Fair Work Commission. The company, which manufactures aluminium windows, sought approval for its proposed 2021-2024 Enterprise Agreement. The Australian Manufacturing Workers' Union contested the application, arguing that certain terms and conditions did not meet the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. The union's primary contention was that the agreement failed to provide adequate protections for employees in terms of minimum wages, entitlements, and conditions of employment. The union also argued that the agreement did not appropriately balance the interests of employees and the employer, as required by the Fair Work Act.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act, focusing on whether the agreement provided a safety net of minimum terms and conditions, and whether it appropriately balanced the rights and interests of employers and employees. The Commission found that while the agreement contained provisions that met the minimum standards, some aspects did not sufficiently protect employees' interests. Consequently, the Commission made orders to modify specific provisions of the agreement to better align with the legislative requirements and to ensure fair treatment of employees. These orders included adjustments to wage rates and conditions to provide more robust protections for the workforce.

Stegbar 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