DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gliderol International Pty Ltd T/A Gliderol Garage Doors
(AG2018/372)

GLIDEROL GARAGE DOORS PRODUCTION EMPLOYEES (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2018

Application for approval of the Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2017 (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 T/A Gliderol Garage Doors. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2018. The nominal expiry date of the Agreement is 27 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Gliderol International Pty Ltd, trading as Gliderol Garage Doors, and the Fair Work Commission. The dispute centred on the application for approval of the Gliderol Garage Doors Production Employees (New South Wales) Enterprise Agreement 2017. The company sought to have the agreement approved by the Commission, which would allow the terms and conditions of employment outlined in the agreement to be legally binding on its employees.

The legal issues the court had to address included whether the agreement contained all the required provisions as mandated by the Fair Work Act 2009, and whether it was made in accordance with the procedural requirements set out in the Fair Work Regulations 2009. Additionally, the court had to determine if the agreement was in the best interests of the employees and if it met the "better off overall test," ensuring that employees were not worse off under the new agreement compared to their previous conditions.

The Fair Work Commission found that the agreement complied with all the necessary statutory requirements. It included all the mandated provisions and was made in accordance with the prescribed procedural requirements. The Commission also concluded that the agreement was in the best interests of the employees and met the "better off overall test." Consequently, the Commission approved the enterprise agreement, enabling it to take effect and bind the parties involved.

No further orders were made by the Commission, as the approval of the enterprise agreement itself was the primary outcome of the case. The agreement, once approved, provided a framework for the terms and conditions of employment for the production employees of Gliderol Garage Doors in New South Wales.

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