DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Irving Warren
(AG2019/1102)

RECORD AUTOMATIC DOORS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JUNE 2019

Application for approval of the Record Automatic Doors Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Record Automatic Doors Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Irving Warren. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 4 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Service Division, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 13 June 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Record Automatic Doors, sought approval of the Record Automatic Doors Enterprise Agreement 2019 from the Fair Work Commission. The dispute arose from disagreements between the company and the employees represented by the Australian Manufacturing Workers Union regarding the terms and conditions of employment under the proposed agreement. The case was heard in the Fair Work Commission, the primary federal workplace relations tribunal in Australia.

The central legal issues before the court were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections concerning minimum entitlements and the procedural fairness in the bargaining process. The union argued that the agreement failed to meet the legal standards, primarily because it did not adequately protect employee entitlements, particularly in terms of wages and conditions. The company, on the other hand, contended that the agreement was fair and balanced, and that any concerns raised were either misconceived or could be addressed through further negotiation.

In its reasoning, the Commission examined the specific provisions of the agreement, focusing on whether they provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the bargaining process was conducted fairly and in good faith, as required by the Act. After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was fair and reasonable, and it approved the enterprise agreement. The Commission found that the agreement provided for adequate protections for employees and that the bargaining process was conducted appropriately.

The Fair Work Commission approved the Record Automatic Doors Enterprise Agreement 2019, finding it to be fair and reasonable. The decision was based on the Commission's assessment that the agreement provided for appropriate terms and conditions of employment and that the bargaining process met the legal requirements. The approval of the agreement allows it to be registered with the Fair Work Commission, making it legally binding on the parties involved.

Irving Warren

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established