DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superior Windows Pty Ltd
(AG2015/5177)

SUPERIOR WINDOWS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 OCTOBER 2015

Application for approval of the Superior Windows Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Superior Windows Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superior Windows Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 16 October 2015 and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date of the Agreement is 16 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Superior Windows Pty Ltd sought approval for the Superior Windows Pty Ltd Enterprise Agreement 2015-2019. The dispute centred around the terms of the agreement, particularly those concerning pay rates and conditions for employees within the company. The case was brought to the Commission to determine whether the agreement met the legal requirements for registration under the Fair Work Act 2009.

The primary legal issues involved the assessment of whether the agreement contained the necessary provisions to be considered fair and reasonable. This included verifying if the agreement met the standard protections outlined in the Fair Work Act and the National Employment Standards. The Commission also had to determine if there was genuine agreement between the parties, and if the agreement provided adequate protections for employees.

After examining the submissions from both parties, the Commission found that the agreement was fair and reasonable. The agreement included all necessary protections, and there was evidence of genuine agreement between the employer and the employees' representatives. The Commission approved the agreement, acknowledging that it met all legislative requirements and provided for fair and reasonable terms for the employees. This decision was made in the interest of maintaining a fair and balanced relationship between employers and employees in accordance with the Fair Work Act.

Superior 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