Lotus Folding Walls and Doors Pty Ltd

[2021] FWCA 6197

[2021] FWCA 6197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lotus Folding Walls and Doors Pty Ltd
(AG2021/7464)

LOTUS FOLDING WALLS & DOORS PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 OCTOBER 2021

Application for approval of the Lotus Folding Walls & Doors Pty Ltd Enterprise Agreement 2021.

[1] Lotus Folding Walls and Doors Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Lotus Folding Walls & Doors Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 September 2021.

[3] On 23 September 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Additional information was sought regarding Agreement pre-approval requirements, specifically the correct date the NERR was provided to employees and employee access to incorporated materials.

•  Clarification was sought regarding the exact expiry date specified in the Agreement.

•  Parties were alerted to the fact that the Agreement did not contain a commencement date and that accordingly, should the Agreement be approved, in accordance with s54(1) of the Act, the Agreement will commence 7 days after approval by the Fair Work Commission.

•  Better off overall concerns were raised regarding the rates of pay in Classification C14 of the Agreement and clarification was sought as to whether the employer planned to engage apprentices during the life of the Agreement.

•  The Agreement contained the following clause referencing errors:

•  Clause 22(1)(b) states that overtime work for a part-time employee is any work performed more than the hours agreed under clause 17(2). However, the agreement does not contain a clause 17.2. The reference should be to clause 14.2.

•  The Agreement provides for the flexibility term at clause 12. This should be a reference to clause 11 of the agreement which contains the flexibility term.

[4] The Applicant has submitted an undertaking in the required form dated 7 October 2021. The undertaking deals with the following topics:

•  The Applicant has provided a rate of pay for employees engaged at classification C14 of the Agreement that is above the equivalent classification in the Manufacturing and Associated Industries and Occupations Award 2020.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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