Gliderol International Pty Ltd Summary

[2023] FWCA 985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Gliderol International Pty Ltd

(AG2023/746)

GLIDEROL GARAGE DOORS PRODUCTION EMPLOYEES (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 APRIL 2023

Application for approval of the Gliderol Garage Doors Production Employees (South Australia) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Gliderol Garage Doors Production Employees (South Australia) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gliderol International Pty Ltd. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement lodged contained an error at page 28 and 48. On 31 March 2023, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.44 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 4 April 2023 and, in accordance with s.54, will operate from 11 April 2023. The nominal expiry date of the Agreement is 4 April 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Gliderol International Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Gliderol Garage Doors Production Employees (South Australia) Enterprise Agreement 2023. The agreement, proposed by Gliderol International Pty Ltd, sought to establish the terms and conditions of employment for its production employees in South Australia. The application was brought forth following negotiations between the company and the relevant employee representatives.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval as stipulated by the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it contained the required minimum terms and conditions, and if it complied with the procedural requirements set out in the Act. Additionally, the Commission had to consider whether the agreement would lead to improved workplace relations and if it was fair and reasonable in all its aspects.

After carefully reviewing the evidence and submissions presented by both parties, the Fair Work Commission found that the proposed enterprise agreement met all the statutory requirements for approval. The Commission noted that the agreement was negotiated in good faith and contained all the mandated minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement would contribute to better workplace relations and was fair and reasonable for all parties involved. Consequently, the Commission approved the Gliderol Garage Doors Production Employees (South Australia) Enterprise Agreement 2023.

As a result of the Commission's decision, the approved enterprise agreement will now govern the employment terms and conditions for the relevant employees. This decision provides clarity and certainty for both the company and its employees, ensuring that the agreement is legally binding and enforceable.

Gliderol International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established