DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel-Line Garage Doors Australia Pty Ltd T/A Steel-Line Garage Doors
(AG2019/4104)

STEEL-LINE GARAGE DOORS AUSTRALIA PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 FEBRUARY 2020

Application for approval of the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2019.

[1] An application has been made for approval for an enterprise agreement known as the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2019 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the undertakings is attached at Annexure A. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] 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 they want to the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers that organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 5 March 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Steel-Line Garage Doors Australia Pty Ltd, trading as Steel-Line Garage Doors, applied for the approval of the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2019. The dispute arose between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU objected to the proposed agreement on several grounds, including concerns about the impact on employees' conditions and the fairness of the bargaining process.

The Commission needed to determine whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court had to consider whether the agreement was made in good faith, whether it provided for a fair and efficient system for resolving workplace issues, and whether it complied with the minimum terms and conditions set out in the relevant modern awards. The Commission also had to assess whether the agreement was negotiated in a manner consistent with the principles of good faith bargaining.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and provided for a fair and efficient system for resolving workplace issues. The Commission also found that the agreement complied with the minimum terms and conditions set out in the relevant modern awards. The Commission was satisfied that the agreement was negotiated in a manner consistent with the principles of good faith bargaining. Accordingly, the Commission approved the agreement.

The Commission made an order approving the Steel-Line Garage Doors Australia Pty Ltd Workshop Enterprise Agreement 2019, subject to the terms and conditions set out in the order. The agreement is now a legally binding enterprise agreement between the company and the CFMEU.

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

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established