Assa Abloy Door Group Australia Pty Ltd T/A Spence Doors Summary

[2023] FWCA 646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Assa Abloy Door Group Australia Pty Ltd T/A Spence Doors

(AG2023/390)

ASSA ABLOY Door Group Pty Ltd T/A Spence Doors Cheltenham Enterprise Agreement 2025

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 2 MARCH 2023

Application for approval of the ASSA ABLOY Door Group Pty Ltd T/A Spence Doors Cheltenham Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the ASSA ABLOY Door Group Pty Ltd T/A Spence Doors Cheltenham Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Assa Abloy Door Group Australia Pty Ltd T/A Spence Doors. The Agreement is a single enterprise agreement.

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.

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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 2 March 2023 and, in accordance with s.54, will operate from 9 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Assa Abloy Door Group Australia Pty Ltd trading as Spence Doors, sought approval of a new enterprise agreement from the Fair Work Commission. The agreement was intended to cover employees employed in the door manufacturing and installation industry in the state of Victoria. The respondent, the Australian Manufacturing Workers' Union, opposed the application, arguing that the agreement did not adequately protect employees' rights and entitlements.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it provided for the proper balance of rights and obligations between employers and employees, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the agreement in the context of the principles of enterprise bargaining and the need to promote harmonious, productive and cooperative workplace relations.

In delivering its decision, the Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, penalty rates, leave entitlements and dispute resolution mechanisms. The Commission also found that the agreement provided for an appropriate balance of rights and obligations between employers and employees, and that it complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and that it provided for a range of benefits for employees, including the opportunity for career progression and training.

Accordingly, the Commission approved the Spence Doors Cheltenham Enterprise Agreement 2025. The agreement will now apply to employees employed in the door manufacturing and installation industry in Victoria from 1 April 2025 until 31 March 2029, unless it is terminated earlier in accordance with its provisions.

Assa Abloy Door Group Australia Pty Ltd T/A Spence Doors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established