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

[2020] FWCA 4241

[2020] FWCA 4241

FAIR WORK COMMISSION

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

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