Gliderol International Pty Ltd T/A Gliderol Garage Doors

[2017] FWCA 5924

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Gliderol International Pty Ltd T/A Gliderol Garage Doors

(AG2017/4879)

Gliderol Garage Doors Production Employees (Queensland) Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 10 NOVEMBER 2017

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

An application has been made for approval of an enterprise agreement known as the Gliderol Garage Doors Production Employees (Queensland) 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.

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 was approved on 10 November 2017 and, in accordance with s.54, will operate from 17 November 2017. The nominal expiry date of the Agreement is 10 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gliderol International Pty Ltd, trading as Gliderol Garage Doors, applied to the Fair Work Commission for the approval of the Gliderol Garage Doors Production Employees (Queensland) Enterprise Agreement 2017. The application for approval came before the Commission seeking a determination under section 234 of the Fair Work Act 2009. The dispute involved whether the enterprise agreement met the legal requirements for approval, including provisions on employee entitlements and procedural fairness.

The court had to determine whether the agreement complied with the legislative requirements set out in the Fair Work Act 2009. Key issues included whether the agreement satisfied the "better off overall test" and whether it contained provisions that were contrary to public policy or that failed to provide adequate procedural fairness to employees. Additionally, the court examined the process by which the agreement was made to ensure it adhered to the necessary legal standards.

In its decision, the Fair Work Commission held that the enterprise agreement met the requirements for approval. The Commission found that the agreement was fair and did not contravene any provisions of the Fair Work Act 2009. It was concluded that the agreement was beneficial to the employees overall, and the process by which it was made was fair and lawful. The agreement was thus approved and registered.

The Fair Work Commission approved the Gliderol Garage Doors Production Employees (Queensland) Enterprise Agreement 2017 and ordered its registration. The decision confirmed the agreement's compliance with the statutory requirements and validated its 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