DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exodus Doors Pty Ltd
(AG2018/1060)

EXODUS DOORS PTY LTD ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2018

Application for approval of the Exodus Doors Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Exodus Doors Pty Ltd Enterprise Agreement 2018 - 2021 (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. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 contained a minor error at page 2. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Agreement was approved on 9 July 2018 and, in accordance with s.54, will operate from 16 July 2018. The nominal expiry date of the Agreement is 9 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Exodus Doors Pty Ltd, sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia. The dispute centred around the terms and conditions of the proposed agreement, which was to govern the employment of workers within the company for the period from 2018 to 2021.

The primary legal issues addressed by the court involved whether the agreement met the necessary criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions, and whether it was genuinely negotiated between the employer and employees. The court also had to consider if the agreement complied with the good faith bargaining requirements and whether it was in the best interests of the employees.

The court found that the agreement met all the statutory requirements for approval. It was concluded that the agreement was fair and reasonable, that it had been genuinely negotiated, and that it complied with the good faith bargaining obligations. The court was satisfied that the agreement was in the best interests of the employees, taking into account their protection and the need for efficient and productive workplace relations. Consequently, the court approved the enterprise agreement.

The court's final order was that the Exodus Doors Pty Ltd Enterprise Agreement 2018 - 2021 be approved under section 233 of the Fair Work Act 2009. This decision allowed the agreement to take effect and govern the employment terms and conditions of the workers for the specified period.

Exodus 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