DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ezi-Roll Doors Australia Pty Ltd T/A Ezi-Roll Doors Australia
(AG2018/6258)

EZI-ROLL DOORS AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 31 JULY 2019

Application for approval of the Ezi- Roll Doors Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ezi- Roll Doors Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ezi-Roll Doors Australia Pty Ltd T/A Ezi-Roll Doors Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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 August 2019. The nominal expiry date of the Agreement is 13 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ezi-Roll Doors Australia Pty Ltd, trading as Ezi-Roll Doors Australia, filed an application for the approval of the Ezi-Roll Doors Australia Enterprise Agreement 2018 before the Fair Work Commission. The applicant sought the approval of the agreement, which was negotiated with relevant employee representatives, and which aimed to regulate the terms and conditions of employment for its workers. The Commission was required to determine whether the agreement met the necessary legal standards and criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the formal and substantive requirements outlined in the Fair Work Act. The applicant had to demonstrate that the agreement was genuinely negotiated, included provisions for minimum entitlements, and did not have the effect of undermining the safety net of protections provided by the Act. The Commission examined the negotiation process, the content of the agreement, and its impact on the workforce.

In its decision, the Commission found that the enterprise agreement met all the formal and substantive requirements for approval. The applicant had provided satisfactory evidence of genuine negotiation, and the agreement included provisions for minimum entitlements as mandated by the Act. The Commission also concluded that the agreement did not have the effect of undermining the safety net of protections. Therefore, the application for approval of the Ezi-Roll Doors Australia Enterprise Agreement 2018 was successful.

The Fair Work Commission approved the Ezi-Roll Doors Australia Enterprise Agreement 2018, effective from the date of the decision. This approval legally binds both the applicant and the employees covered by the agreement, setting out the terms and conditions of their employment as per the negotiated provisions.

Ezi-Roll Doors Australia Pty Ltd T/A Ezi-Roll Doors Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established