DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samlodge Pty Ltd T/A Noosa Door Centre
(AG2017/4985)

SAMLODGE PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Samlodge Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Samlodge Pty Ltd Enterprise Agreement 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samlodge Pty Ltd trading as Noosa Door Centre. The Agreement is a single enterprise agreement.

[2] The Applicant 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 14 December 2017. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Samlodge Pty Ltd T/A Noosa Door Centre, the employer, sought approval of their enterprise agreement from the Fair Work Commission. The applicant, who operates a door centre in Noosa Heads, Queensland, had entered into an agreement with their employees represented by the Building and Construction General On-Site Union. The union sought approval of the agreement under the Fair Work Act 2009, arguing that it met the criteria for registration. The employer opposed the application, arguing that the agreement did not meet the criteria for approval.

The central legal issue before the Fair Work Commission was whether the enterprise agreement met the criteria for registration under section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for the proper protection of employees' rights and interests, and whether it was in the public interest to approve it. The employer argued that the agreement did not meet the criteria for approval, while the union argued that it did.

In its decision, the Fair Work Commission found that the enterprise agreement met the criteria for registration under the Fair Work Act 2009. The Commission found that the agreement provided for the proper protection of employees' rights and interests, and that it was in the public interest to approve it. The Commission rejected the employer's arguments, finding that the agreement provided adequate protections for employees and that there was no evidence to suggest that it would have any adverse effects on the public interest. The Commission approved the enterprise agreement, finding that it met the criteria for registration under the Act.

The Fair Work Commission's decision in this case provides important guidance for employers and unions entering into enterprise agreements. The Commission's finding that the agreement met the criteria for registration under the Fair Work Act 2009 is significant, as it sets a precedent for future agreements. The decision also highlights the importance of ensuring that enterprise agreements provide adequate protections for employees, and that they are in the public interest.

Samlodge Pty Ltd T/A Noosa Door Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established