Lotus Folding Walls and Doors Pty Ltd Summary

[2022] FWCA 1547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Lotus Folding Walls and Doors Pty Ltd

(AG2022/1144)

Lotus Folding Walls & Doors Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 MAY 2022

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

An application has been made for approval of a variation to the Lotus Folding Walls & Doors Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made by Lotus Folding Walls and Doors Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 8 October 2021. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 9 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lotus Folding Walls and Doors Pty Ltd, sought to vary the terms of the Lotus Folding Walls & Doors Pty Ltd Enterprise Agreement 2021. The dispute arose between the applicant and the respondents, the Australian Manufacturing Workers' Union and the Building Construction, Forestry, Maritime, Mining and Energy Union. The case was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements and related disputes under the Fair Work Act 2009.

The legal issues before the court centred on whether the proposed changes to the enterprise agreement met the statutory requirements for an application to vary an enterprise agreement. Specifically, the court had to determine if the changes were in the best interests of the employees and if they complied with the provisions of the Fair Work Act. The court also needed to assess whether the applicants had followed the correct procedural steps in making the application.

The Fair Work Commission found that the applicant had adequately demonstrated that the proposed changes were in the best interests of the employees, as they would provide enhanced job security and improved working conditions. The court noted that the proposed changes aligned with the objectives of the Fair Work Act, which is to promote productive and harmonious workplace relations. The commission concluded that the applicant had followed the appropriate procedural steps and that the changes would not have an adverse effect on the employees' terms and conditions. Therefore, the court granted the application to vary the enterprise agreement.

The Fair Work Commission ordered that the Lotus Folding Walls & Doors Pty Ltd Enterprise Agreement 2021 be varied as per the terms outlined in the applicant's submission. The new provisions came into effect from the date of the commission's decision, and both parties were directed to take all necessary steps to implement the changes. The decision underscored the importance of maintaining a balance between the interests of employers and employees while ensuring compliance with the statutory framework governing enterprise agreements.

Lotus Folding Walls and Doors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established