Exodus Doors Pty Ltd as Trustee for the McConnell Family Trust Summary

[2014] FWCA 1022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Exodus Doors Pty Ltd as Trustee for the McConnell Family Trust
(AG2013/12143)

EXODUS DOORS ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 FEBRUARY 2014

Application for approval of the Exodus Doors Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Exodus Doors Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exodus Doors Pty Ltd as trustee for the McConnell Family Trust (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 31 January 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 10 February 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Exodus Doors Pty Ltd, as trustee for the McConnell Family Trust, applied for the approval of the Exodus Doors Enterprise Agreement 2013-2017. The respondent, the Building, Construction, Forestry, Mining and Energy Union, represented the employees. The dispute centred around the proposed changes to the terms and conditions of employment for employees under the agreement. The court had to determine whether the agreement met the requirements under the Fair Work Act 2009 for it to be approved.

The key legal issues before the court were whether the agreement was made in good faith, whether it facilitated the improved productivity of the enterprise, and whether it promoted workplace harmonisation. The court also had to consider whether the agreement provided for the timely and transparent resolution of workplace disputes. Additionally, the court examined whether the agreement complied with the minimum entitlements set out in the relevant modern award.

The Fair Work Commission found that the agreement was made in good faith and facilitated improved productivity. It also promoted workplace harmonisation by providing a framework for resolving workplace disputes. The court noted that the agreement provided for a transparent and timely resolution of disputes, which was consistent with the principles of the Fair Work Act. Furthermore, the court held that the agreement did not undermine the minimum entitlements provided in the Building and Construction General On-Site Work Award 2010. Accordingly, the court approved the agreement under section 232 of the Fair Work Act 2009.

Exodus Doors Pty Ltd as Trustee for the McConnell Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established