DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gliderol International Pty Ltd T/A Gliderol Garage Doors
(AG2019/1412)

GLIDEROL PRODUCTION EMPLOYEES (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 MAY 2019

Application for approval of the Gliderol Production Employees (South Australia) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gliderol Production Employees (South Australia) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gliderol International Pty Ltd T/A Gliderol Garage Doors. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2019.

[3] The Applicant has submitted an undertaking in the required form dated 16 May 2019. The Undertaking provides that part-time and casual employees will be engaged for a minimum of four hours per shift.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Gliderol International Pty Ltd trading as Gliderol Garage Doors, the Fair Work Commission was tasked with approving the proposed Gliderol Production Employees (South Australia) Enterprise Agreement 2019. The application for approval arose as the agreement needed to comply with the Fair Work Act 2009 and its provisions concerning the negotiation and registration of enterprise agreements. The central issue before the Commission was whether the agreement satisfied all the legal requirements and criteria for approval, including whether it was made in good faith and whether it provided for the proper operation of the enterprise.

The Commission examined the agreement's provisions concerning various terms and conditions of employment, such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The company argued that the agreement was the product of genuine negotiations between the employer and the employees' representatives. In contrast, the employees' representatives asserted that the agreement adequately represented the workforce's interests and complied with all relevant legislative requirements. The Commission considered evidence and submissions from both parties, as well as any relevant public interest considerations.

After careful consideration of the evidence and arguments presented, the Commission found that the agreement was made in good faith and met all the necessary criteria for approval. The Commission determined that the agreement provided for the proper operation of the enterprise and did not adversely affect the employees' rights or entitlements. Consequently, the Commission approved the Gliderol Production Employees (South Australia) Enterprise Agreement 2019, which will now be registered with the Fair Work Commission. This decision allows the agreement to come into effect and govern the employment terms and conditions of the employees covered by the agreement.

Gliderol International Pty Ltd T/A Gliderol Garage Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established