Ezi-Roll Doors Australia Summary

[2014] FWCA 4634

FAIR WORK COMMISSION

DECISION

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

Ezi-Roll Doors Australia
(AG2014/6661)

EZI-ROLL DOORS AUSTRALIA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 11 JULY 2014

Application for approval of the Ezi-Roll Doors Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ezi-Roll Doors Australia Enterprise Agreement 2014 (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. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 18 July 2014. The nominal expiry date of the Agreement is 10 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ezi-Roll Doors Australia, sought approval of the Ezi-Roll Doors Australia Enterprise Agreement 2014. The application was brought before the Fair Work Commission (FWC). The dispute involved the terms of the proposed agreement, including minimum wages, penalty rates, and other conditions of employment for the employees covered by the agreement.

The primary legal issues the FWC had to address were whether the agreement provided for fair and reasonable terms and conditions, and if it met the requirements of the Fair Work Act 2009. The FWC needed to assess if the agreement provided for procedural fairness, and if it met the 'better off overall test', ensuring that no employee would be worse off, and at least some employees would be better off.

In reaching its decision, the FWC considered the submissions from both the applicant and the respondents, as well as the broader context of the industry and economic conditions. The FWC found that the agreement provided for fair and reasonable terms and conditions, and that it met the requirements of the Act. The FWC was satisfied that the agreement provided for procedural fairness and met the 'better off overall test'. Consequently, the FWC approved the application for the agreement.

The FWC made an order approving the Ezi-Roll Doors Australia Enterprise Agreement 2014, subject to certain conditions and effective from the date of the decision. The agreement now serves as a binding enterprise agreement for the employees covered by it, and any disputes arising from its interpretation or application can be resolved under its terms.

Ezi-Roll Doors Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established