DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jaqmar Pty Ltd T/A Best Doors
(AG2018/6263)

BEST DOORS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 31 JULY 2019

Application for approval of the Best Doors Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Best Doors Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jaqmar Pty Ltd T/A Best Doors. The Agreement is a single enterprise agreement.

[2] The Employer 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 August 2019. The nominal expiry date of the Agreement is 13 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jaqmar Pty Ltd, trading as Best Doors, applied for approval of the Best Doors Enterprise Agreement 2018 before the Fair Work Commission. The application involved a dispute between the company and its employees over the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was made in good faith and whether it provided for the mandatory terms as required by the Act. Specifically, the Commission needed to assess if the agreement was genuinely negotiated between the parties and if it adequately covered all mandatory terms, including minimum rates of pay, maximum weekly hours of work, and provisions for leave.

The Commission found that the agreement was the product of genuine negotiations between the parties. It also determined that the agreement contained all mandatory terms and provided for minimum wages, overtime rates, and leave entitlements in compliance with the Act. The Commission was satisfied that the agreement was fair and reasonable, considering the context and the parties' bargaining positions.

The Fair Work Commission approved the Best Doors Enterprise Agreement 2018. The approval was based on the conclusion that the agreement met all legal requirements and was fair and reasonable. This decision allowed the company and its employees to proceed with the terms and conditions set out in the agreement, providing a stable framework for their employment relationship.

Jaqmar Pty Ltd T/A Best Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established