Thompson Roller Doors Pty Ltd

[2013] FWCA 918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Thompson Roller Doors Pty Ltd
(AG2012/12993)

THOMPSONS' PRODUCTIONS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Thompsons' Productions Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Thompsons' Productions Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission wrote to the Applicant’s representative as the Agreement did not contain rates of pay. The Applicant’s representative has provided a copy of the rates of pay to the Commission, but does not wish them to be published. The Applicant advised the rates of pay have been posted on the notice board in the workplace canteen/lunch room.

[3] The Agreement covers those employees in the classification structure at clause 12 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 February 2013. The nominal expiry date of the Agreement is 16 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Thompson Roller Doors Pty Ltd, the Fair Work Commission was called upon to determine the approval of the Thompsons' Productions Pty Ltd Enterprise Agreement 2012. The dispute arose between Thompson Roller Doors Pty Ltd, the employer, and its employees, represented by the Australian Manufacturing Workers' Union. The crux of the matter was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the necessary standards for approval.

The legal issues before the Commission encompassed several critical aspects. These included whether the agreement satisfied the "better off overall test" (BOOT), ensuring that employees would be no worse off financially and potentially better off overall than under the applicable award or registered agreement. Additionally, the Commission had to assess whether the agreement contained all mandatory terms as required by the Act and if it was made in good faith and without coercion. Another significant consideration was whether the agreement complied with the "in writing" requirement and was clear and unambiguous.

The Fair Work Commission, after thorough examination, found that the agreement fulfilled all the statutory requirements for approval. The BOOT was met, as the agreement provided for a fair and equitable balance of benefits and detriments. It was evident that the agreement was made in good faith, without any element of coercion, and it contained all the mandatory terms stipulated by the Act. Moreover, the Commission was satisfied that the agreement was in writing and sufficiently clear to be understood by the parties involved. Consequently, the application for the approval of the Thompsons' Productions Pty Ltd Enterprise Agreement 2012 was granted.

The final orders of the Commission were to approve the enterprise agreement as it stood, subject to the conditions that any amendments made to the agreement post-approval must also comply with the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, binding all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established