DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gliderol International Pty Ltd T/A Gliderol Garage Doors
(AG2016/261)

GLIDEROL GARAGE DOORS GLIDEROL PRODUCTION EMPLOYEES (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Gliderol Garage Doors Gliderol Production Employees (South Australia) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gliderol Garage Doors Gliderol Production Employees (South Australia) Enterprise Agreement 2016 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Gliderol International Pty Ltd, trading as Gliderol Garage Doors, for approval of the Gliderol Garage Doors Gliderol Production Employees (South Australia) Enterprise Agreement 2016. The application came before the Commission's Deputy President, John Debelle, who was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue the Deputy President needed to address was whether the enterprise agreement was "certified as a single, integrated, and complete agreement". Additionally, the Deputy President needed to ensure that the agreement complied with the "better off overall test" and that it did not contain any provisions that were contrary to public policy or contrary to the provisions of the Fair Work Act. The Deputy President also considered whether the agreement appropriately addressed the terms and conditions of employment of the employees covered by the agreement.

In delivering his decision, Deputy President Debelle noted that the agreement was comprehensive and covered a wide range of employment-related matters, including wages and conditions, leave entitlements, and dispute resolution procedures. The Deputy President found that the agreement was certified as a single, integrated, and complete agreement, and that it complied with the better off overall test. The Deputy President also found that the agreement did not contain any provisions that were contrary to public policy or the Fair Work Act. Accordingly, the Deputy President approved the enterprise agreement, subject to certain minor modifications to ensure compliance with the Act.

The final orders of the Deputy President were that the Gliderol Garage Doors Gliderol Production Employees (South Australia) Enterprise Agreement 2016 be approved, with the minor modifications noted in the decision. The parties were directed to give written notice of the approval of the agreement to their employees within a specified timeframe. The Deputy President also directed that the agreement be registered with the Fair Work Commission and that a copy of the approved agreement be provided to the Commission.

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