DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vivid Glass Windows and Doors Pty Ltd
(AG2021/5358)

VIVID GLASS WINDOWS AND DOORS FACTORY AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 JUNE 2021

Application for approval of the Vivid Glass Windows and Doors Factory Agreement 2020.

[1] Vivid Glass Windows and Doors Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Vivid Glass Windows and Doors Factory Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 June 2021 and, in accordance with s 54, will operate from 24 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Vivid Glass Windows and Doors Pty Ltd, sought approval of the Vivid Glass Windows and Doors Factory Agreement 2020 under section 230 of the Fair Work Act 2009. The respondents, the Building and Construction Trades Union of Australia and the Electrical Trades Union of Australia, opposed the application. The dispute arose from an industrial dispute in the glass manufacturing industry, focusing on the terms and conditions of employment within the factory. The case was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The court also had to consider whether the agreement would lead to improved industrial relations and workplace practices.

The court examined the terms of the agreement and the submissions from both parties. It found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement would lead to improved industrial relations and workplace practices, as it included provisions for consultation and cooperation between the employer and the employees. The court concluded that the agreement met the requirements of the Fair Work Act and approved the application.

The court approved the Vivid Glass Windows and Doors Factory Agreement 2020 under section 230 of the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and the court found that it would lead to improved industrial relations and workplace practices. The approval of the agreement was seen as a positive step towards resolving the industrial dispute and enhancing the working conditions within the glass manufacturing industry.

Vivid Glass 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