Gliderol International Pty Ltd T/A Gliderol Garage Doors Summary

[2022] FWCA 2327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gliderol International Pty Ltd T/A Gliderol Garage Doors

(AG2022/1693)

Gliderol Garage Doors Production Employees (Queensland) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 13 JULY 2022

Application for approval of the Gliderol Garage Doors Production Employees (Queensland) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Gliderol Garage Doors Production Employees (Queensland) 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 T/A Gliderol Garage Doors (the Applicant). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 13 May 2022 in accordance with s.185(3) of the Act. As it was not filed until 31 May 2022, it was filed four days after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Gliderol International Pty Ltd trading as Gliderol Garage Doors, brought an application before the Fair Work Commission to seek approval for the Gliderol Garage Doors Production Employees (Queensland) Enterprise Agreement 2022. The primary parties involved were the employer, Gliderol International, and the employees represented by the United Voice union. The dispute centred around the procedural fairness and the substantive fairness of the proposed enterprise agreement, including terms relating to wages, hours of work, and other conditions of employment.

The central legal issues that the Fair Work Commission had to decide included whether the enterprise agreement was fairly and appropriately negotiated, if it met the requirements for simplicity, clarity, and accessibility, and whether it contained unfair content that could be excluded. The Commission was required to assess whether the agreement was made in good faith and whether it was a genuinely negotiated agreement. The Commission also had to determine if the agreement provided for a fair and efficient workplace and if it was in line with the principles of the Fair Work Act.

After thorough examination, the Fair Work Commission determined that the enterprise agreement was fairly and appropriately negotiated, met the necessary standards of simplicity, clarity, and accessibility, and did not contain any unfair content that warranted exclusion. The Commission found that the agreement was made in good faith and was genuinely negotiated. Furthermore, it was concluded that the agreement provided for a fair and efficient workplace and aligned with the principles of the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

In its final orders, the Fair Work Commission approved the Gliderol Garage Doors Production Employees (Queensland) Enterprise Agreement 2022, effective from the date of the decision. The agreement was certified as meeting all the statutory requirements and was deemed to be a lawful and binding enterprise agreement under the Fair Work Act.

Gliderol International Pty Ltd T/A Gliderol Garage Doors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established