DECISION

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

The Trustee for the Proglazed Unit Trust T/A Proglazed Windows and Doors Pty Ltd
(AG2020/2223)

PROGLAZED WINDOWS & DOORS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 AUGUST 2020

Application for approval of the Proglazed Windows & Doors Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Proglazed Windows & Doors Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Trustee for the Proglazed Unit Trust T/A Proglazed Windows and Doors Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 32.11(c)(iii); and

• Clause 35.3.

[4] However, noting clause 5.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 11 August 2020 and, in accordance with s.54, will operate from 18 August 2020 2020. The nominal expiry date of the Agreement is 11 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Trustee for the Proglazed Unit Trust, trading as Proglazed Windows and Doors Pty Ltd, applied for the approval of the Proglazed Windows & Doors Pty Ltd Enterprise Agreement 2020. The dispute involved the approval of a new enterprise agreement under the Fair Work Act 2009, which aimed to govern the terms and conditions of employment for certain employees of the company. The application was heard in the Fair Work Commission, where the central legal issues revolved around whether the enterprise agreement met the requirements for approval under the relevant legislation.

The primary legal issue before the Commission was whether the agreement provided for the proper determination of employees' terms and conditions of employment. Specifically, the Commission had to consider whether the agreement complied with the requirements of section 232 of the Fair Work Act 2009, which mandates that an enterprise agreement must not provide for terms and conditions of employment that are less favourable than the applicable awards or safety nets. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it adhered to the prescribed processes for the negotiation and making of enterprise agreements.

The Commission determined that the Proglazed Windows & Doors Pty Ltd Enterprise Agreement 2020 was valid and met all the statutory requirements for approval. The agreement was found to provide for the proper determination of employees' terms and conditions of employment, as it contained provisions that were no less favourable than the applicable awards or safety nets. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the necessary processes for negotiation and making of the agreement were followed. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Proglazed Windows & Doors Pty Ltd Enterprise Agreement 2020, thereby allowing it to be registered and enforced as a binding enterprise agreement between the employer and the relevant employees. The decision underscores the importance of ensuring that enterprise agreements comply with the statutory requirements under the Fair Work Act 2009 and that they are made in good faith, reflecting the proper processes for negotiation and agreement-making.

The Trustee for the Proglazed Unit Trust T/A Proglazed Windows and 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