Superior Glass & Glazing Pty Ltd

[2013] FWCA 1286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superior Glass & Glazing Pty Ltd
(AG2013/100)

SUPERIOR GLASS AND GLAZING PTY LTD ENTERPRISE BARGAINING AGREEMENT 2012-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 FEBRUARY 2013

Superior Glass and Glazing Pty Ltd Enterprise Bargaining Agreement 2012-2016 .

[1] An application has been made for approval of an enterprise agreement known as the Superior Glass and Glazing Pty Ltd Enterprise Bargaining Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Superior Glass & Glazing Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 6 March 2013. The nominal expiry date of the Agreement is 5 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400050 PR534420>
APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Superior Glass & Glazing Pty Ltd sought a resolution to a dispute regarding the interpretation of its Enterprise Bargaining Agreement 2012-2016. The applicant, Superior Glass & Glazing Pty Ltd, claimed that certain employees were not entitled to additional payments for overtime worked, while the employees argued that they were entitled to the higher rates specified in the enterprise agreement. The Commission was tasked with determining whether the provisions of the agreement entitled the employees to these payments.

The primary legal issue before the Commission was the interpretation of the relevant clauses within the enterprise agreement. Specifically, the Commission needed to decide whether the overtime payment provisions applied to the employees in question. The applicant argued that the employees were not covered by the overtime provisions, while the employees contended that they were entitled to the additional payments for overtime as outlined in the agreement.

The Commission considered the language of the clauses in question and the context in which they were used. It noted that the agreement specified certain conditions under which overtime payments were applicable. The Commission held that the provisions did indeed apply to the employees in question, as they met the criteria set out in the agreement. Consequently, the Commission ruled in favour of the employees, finding that they were entitled to the additional payments for overtime worked.

The Commission ordered Superior Glass & Glazing Pty Ltd to pay the employees the additional amounts for overtime worked, in accordance with the provisions of the Enterprise Bargaining Agreement 2012-2016. The applicant was also required to provide a written apology to the employees for any inconvenience caused by the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established