DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taranto Windows & Doors Pty Ltd
(AG2018/3321)

TARANTO WINDOWS & DOORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Taranto Windows & Doors 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 18 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Taranto Windows & Doors Pty Ltd and the relevant trade union, with the Fair Work Commission (FWC) being the judicial body. The dispute centred around the application for the approval of the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2018. The union had raised several objections to the proposed agreement, primarily concerning the classification of employees and the terms and conditions outlined within the agreement.

The central legal issues before the FWC included whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of ensuring fairness and protecting the rights of employees. Additionally, the court had to consider whether the agreement adequately covered the necessary minimum terms and conditions, and if it appropriately balanced the interests of both the employer and the employees.

In delivering its decision, the FWC carefully examined the provisions of the agreement and the submissions made by both parties. The FWC determined that the agreement largely complied with the requirements of the Act. It found that the agreement appropriately classified employees and provided for adequate minimum terms and conditions. The FWC acknowledged the union's concerns but concluded that, overall, the agreement was fair and balanced, taking into account the needs of both the employer and the employees. Consequently, the FWC approved the application for the agreement's approval.

The final orders of the FWC included the approval of the Taranto Windows & Doors Pty Ltd Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms of the agreement would govern the employment conditions of the employees covered by the agreement.

Taranto Windows & Doors 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