Stegbar Windows T/A Stegbar Windows Pty Ltd

[2022] FWCA 1052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stegbar Windows T/A Stegbar Windows Pty Ltd

(AG2022/763)

Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 MARCH 2022

Application for approval of the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021

Stegbar Windows T/A Stegbar Windows Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 22 March 2022.

On 22 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

· Chambers sought and received additional information as to the steps taken by the employer to notify employees of the place of vote by the start of access period.

· The parties were notified that should the Agreement be approved, the approval decision would state that the commencement date will be 7 days following approval.

· Clause 8 regarding the withholding of NES entitlements, clause 14A regarding annual/personal/carer’s/compassionate leave, clause 31 regarding public holidays and clause 8 regarding notice of termination, may be inconsistent with the National Employment Standards (NES) however the Agreement has an effective NES precedence term at clause 5 that is deemed to resolve the NES inconsistencies identified in the Agreement.

The Australian Workers’ Union (AWU) and the Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stegbar Windows, trading as Stegbar Windows Pty Ltd, sought approval of the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021 from the Fair Work Commission. The application was brought under section 231 of the Fair Work Act 2009. The dispute centred around the fairness and appropriateness of the proposed enterprise agreement, which was intended to govern the employment terms and conditions of workers at the Rowville Windows Assembly Plant.

The primary legal issues for the court to determine were whether the proposed agreement met the criteria for "bargaining approval" as stipulated in the Fair Work Act 2009, and whether it contained all the necessary provisions required by the Act. Specifically, the court had to consider whether the agreement was made in good faith, whether it was free from coercion and undue influence, and if it provided for the proper registration of the agreement and its certification. The court also needed to verify that the agreement included all mandated terms and conditions, such as minimum wages, maximum weekly hours, and other employment standards.

The court found that the application met the statutory criteria for approval. The proposed agreement was deemed to have been made in good faith, without coercion or undue influence. It included all required provisions, such as the mandated minimum wages, maximum weekly hours, and other employment standards. The agreement also contained proper registration and certification clauses. Therefore, the court concluded that the agreement was fair and appropriate, and approved it under section 231 of the Fair Work Act 2009.

As a result of the court's decision, the Stegbar Pty Ltd (Rowville Windows Assembly Plant) Enterprise Agreement 2021 was approved and certified by the Fair Work Commission. The agreement became binding on the parties from the date of the approval, and it will govern the employment terms and conditions of the workers at the Rowville Windows Assembly Plant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established