Assa Abloy Entrance Systems Australia Pty Ltd T/A Assa Abloy Entrance Systems Australia Pty Ltd

[2024] FWCA 4625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Assa Abloy Entrance Systems Australia Pty Ltd T/A Assa Abloy Entrance Systems Australia Pty Ltd

(AG2024/4711)

RECORD AUTOMATIC DOORS PTY LTD AND ASSA ABLOY ENTRANCE SYSTEMS AUSTRALIA PTY LTD (NSW) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 20 DECEMBER 2024

Application for approval of the Record Automatic Doors Pty Ltd and ASSA ABLOY Entrance Systems Australia Pty Ltd (NSW) Enterprise Agreement 2023

Assa Abloy Entrance Systems Australia Pty Ltd T/A Assa Abloy Entrance Systems Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Record Automatic Doors Pty Ltd and ASSA ABLOY Entrance Systems Australia Pty Ltd (NSW) Enterprise Agreement 2023 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 27 December 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Record Automatic Doors Pty Ltd and ASSA ABLOY Entrance Systems Australia Pty Ltd (NSW). The application was heard by the Fair Work Commission, specifically the Full Bench, which comprises a President and two Commissioners. The agreement in question was a proposed collective bargaining instrument designed to regulate the terms and conditions of employment for employees within the specified scope.

The legal issues before the Full Bench centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly focusing on the procedural fairness and the substantive fairness of the agreement. The Commission needed to determine if the agreement was genuinely negotiated and if it met the criteria for approval, including whether it provided for a fair and efficient workplace. A particular focus was on the agreement's impact on the employees' working conditions and the balance of power between the parties.

In delivering its decision, the Full Bench found that the enterprise agreement was genuinely negotiated and met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for a fair and efficient workplace and that it did not disadvantage employees. The Full Bench concluded that the agreement was in the best interests of the employees and approved the application for the Record Automatic Doors Pty Ltd and ASSA ABLOY Entrance Systems Australia Pty Ltd (NSW) Enterprise Agreement 2023.

The final orders of the Full Bench included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered by the parties with the Fair Work Commission and would govern the terms and conditions of employment for the employees within its scope until such time as it was superseded by a new agreement or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established