DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel-Line Garage Doors Australia Pty Ltd T/A Steel-Line Garage Doors
(AG2016/5467)

STEEL-LINE GARAGE DOORS AUSTRALIA PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steel-Line Garage Doors Australia Pty Ltd T/A Steel-Line Garage Doors. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 20 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steel-Line Garage Doors Australia Pty Ltd, trading as Steel-Line Garage Doors, brought an application to the Fair Work Commission for the approval of the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2016. The primary dispute involved whether the agreement met the necessary standards and requirements under the Fair Work Act 2009, specifically focusing on provisions that impact minimum wage rates, penalty rates, and other terms and conditions of employment. The Fair Work Commission was tasked with determining if the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement.

The court was required to assess several key legal issues. It needed to verify whether the agreement contained minimum terms as outlined in the Fair Work Act, ensuring that the wages and conditions were at least equivalent to the applicable awards or registered agreements. Additionally, the court had to consider whether the agreement complied with the "better off overall test," which mandates that employees must not be worse off financially under the agreement than they would be under the applicable award or registered agreement. The court also examined if the agreement was made in good faith and if it allowed for the necessary flexibility to accommodate the business needs of the employer.

In delivering its decision, the Fair Work Commission concluded that the agreement substantially complied with the statutory requirements. The court found that the agreement provided for minimum terms equivalent to those in the relevant awards, and it satisfied the better off overall test. The Commission was satisfied that the agreement had been made in good faith and allowed for the required flexibility. Consequently, the court approved the agreement, recognising it as a valid and binding enterprise agreement.

The final orders of the court approved the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2016, confirming its effectiveness from the date of the approval. This decision ensures that the terms and conditions outlined in the agreement are legally binding for the employees and the employer moving forward.

Steel-Line Garage Doors Australia Pty Ltd T/A Steel-Line Garage Doors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established