DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Fire Doors Pty Ltd
(AG2017/2429)

ADELAIDE FIRE DOORS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 31 AUGUST 2017

Application for approval of the Adelaide Fire Doors Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Fire Doors Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Fire Doors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 7 September 2017. The nominal expiry date of the Agreement is 30 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Adelaide Fire Doors Pty Ltd, an employer, sought approval of a proposed enterprise agreement from the Fair Work Commission (FWC). The applicant, an employer, submitted the Enterprise Agreement 2017 for approval. The applicant is a company that manufactures and supplies fire doors and related products. The proposed agreement was to be applied to the employees who are members of the Australian Manufacturing Workers Union (AMWU). The nature of the dispute involved the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The legal issues before the FWC included whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth), particularly whether it was a genuine agreement, whether it provided for the protection of employees' interests, and whether it complied with the "better off overall test" (BOOT). The applicant argued that the proposed agreement was a genuine agreement, provided for the protection of employees' interests, and met the BOOT. The AMWU contended that the agreement did not adequately protect employees' interests and failed to meet the BOOT.

The FWC considered the evidence and submissions from both parties. The FWC found that the proposed agreement was a genuine agreement as it was made in good faith and without any duress or coercion. The FWC also found that the agreement provided for the protection of employees' interests, including provisions for minimum wage rates, penalties for unlawful termination, and provisions for redundancy and other benefits. The FWC further found that the proposed agreement met the BOOT as employees would be better off overall if the agreement was approved. The FWC approved the proposed agreement.

The FWC made an order approving the Enterprise Agreement 2017, which would be applicable to the employees of Adelaide Fire Doors Pty Ltd who are members of the AMWU. The approval was effective from the date of the order and would remain in force until the earlier of the agreement's expiry or a new agreement being approved. The FWC also ordered that the applicant provide a copy of the approved agreement to the AMWU and the employees within five business days of the order.

Adelaide Fire 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