Gliderol International Pty Ltd

[2022] FWCA 3143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gliderol International Pty Ltd

(AG2022/3683)

Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 9 SEPTEMBER 2022

Application for approval of the Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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.
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2022. The nominal expiry date of the Agreement is 8 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gliderol International Pty Ltd, the employer, applied for approval of the Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2022. The applicants were represented by Mr S. J. Smith, and the Fair Work Commission was represented by Ms J. Brown. The matter was heard by Deputy President G. F. Jones. The application concerned the enterprise agreement between Gliderol International Pty Ltd and certain of its employees, specifically those involved in garage door production in New South Wales. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been appropriately certified by the relevant authority.

The court examined the evidence and submissions presented by both parties. It considered whether the agreement contained all the required minimum terms and conditions and whether the process for making the agreement had been followed correctly. The court also assessed whether the agreement was fair and reasonable, taking into account the views of the employees and the employer. After thorough consideration, the court determined that the agreement did meet the necessary legal requirements. The Deputy President concluded that the agreement was made in good faith, contained the requisite minimum terms, and was appropriately certified.

In light of the findings, the court approved the Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2022. The Deputy President issued an order approving the agreement, which was to be registered with the Fair Work Commission. The order mandated that the agreement would commence on the date of approval and be binding on all parties involved. This decision provided clarity and legal certainty for both Gliderol International Pty Ltd and the affected employees regarding their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established