DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mirage Doors (Aust) Pty Ltd T/A Mirage Doors
(AG2018/1929)

MIRAGE DOORS VIC WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 23 AUGUST 2018

Application for approval of the Mirage Doors VIC Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mirage Doors VIC Workshop 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 Mirage Doors (Aust) Pty Ltd T/A Mirage Doors. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2018. The nominal expiry date of the Agreement is 29 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Mirage Doors (Aust) Pty Ltd trading as Mirage Doors, the Fair Work Commission was presented with an application to approve the proposed Mirage Doors VIC Workshop Enterprise Agreement 2018. The applicant, Mirage Doors, sought to formalise the terms and conditions of employment for its employees in Victoria. The dispute involved the negotiation and content of the proposed agreement, which aimed to set out the wages, hours, and other conditions of employment for the employees within the workshop.

The primary legal issue before the Commission was whether the proposed enterprise agreement was compliant with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the procedural requirements for negotiation, and if the terms and conditions within the agreement were consistent with the provisions of the Act, including provisions relating to minimum wages and other entitlements. The Commission also considered whether the agreement contained any terms that were contrary to public policy or otherwise unenforceable.

The Commission found that the proposed agreement had been negotiated in good faith and was in compliance with the procedural requirements set out in the Fair Work Act. The terms and conditions within the agreement were deemed to be fair and reasonable, providing appropriate protections and entitlements for the employees. The Commission also determined that none of the terms were contrary to public policy or otherwise unenforceable. Consequently, the application for approval was granted, and the Mirage Doors VIC Workshop Enterprise Agreement 2018 was approved as a registered agreement.

The Fair Work Commission approved the Mirage Doors VIC Workshop Enterprise Agreement 2018, effective from the date of registration. The terms and conditions of employment for employees within the workshop were to be governed by the provisions of this agreement, and the agreement was registered as a certified agreement under the Fair Work Act 2009.

Mirage Doors (Aust) Pty Ltd T/A Mirage Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established