Susu Holdings Pty Ltd Summary

[2014] FWCA 2037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Susu Holdings Pty Ltd
(AG2014/624)

CLASS N GLASS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 MARCH 2014

Application for approval of the Class n Glass Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 March 2014 by Susu Holdings Pty Ltd for the approval of a single-enterprise agreement known as the Class n Glass Enterprise Agreement 2014(“the Agreement”).

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Susu Holdings Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Class n Glass Enterprise Agreement 2014. The respondent, Australian Manufacturing Workers Union, opposed the application. The primary dispute centred on the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was required to determine if the agreement met the legal criteria for approval, including whether it had been made in good faith, and if it provided for fair terms and conditions of employment.

The legal issues before the Commission involved assessing the procedural fairness of the agreement, including whether there had been proper consultation between the parties, and if the agreement had been negotiated in good faith. Furthermore, the Commission needed to consider if the agreement provided for fair and reasonable terms and conditions, and if it complied with the provisions of the Fair Work Act. The Commission also examined whether the agreement adequately addressed the rights and protections of the employees involved.

In reaching its decision, the Fair Work Commission found that the agreement had been negotiated in good faith and that there had been sufficient consultation between the parties. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the provisions of the Fair Work Act. The Commission approved the Class n Glass Enterprise Agreement 2014, finding that it met the necessary criteria for approval under the Act. The decision was based on the evidence presented and the Commission's assessment of the agreement's fairness and compliance with the relevant legislation.

The Fair Work Commission approved the Class n Glass Enterprise Agreement 2014, finding it to be fair and reasonable, and compliant with the Fair Work Act. The Commission's decision was based on the evidence of proper consultation and good faith negotiation between the parties, and the agreement's compliance with the Act. The approval of the agreement was a significant outcome for the applicant, ensuring the continued operation of the enterprise under the terms of the agreement.

Susu Holdings Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established