DECISION

Fair Work Act 2009
s.185—Enterprise agreement

1st Choice Interiors Pty Ltd
(AG2018/587)

1ST CHOICE INTERIORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the 1st Choice Interiors Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the 1st Choice Interiors Pty Ltd 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 1st Choice Interiors Pty Ltd . 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, 1st Choice Interiors Pty Ltd sought approval of the 1st Choice Interiors Pty Ltd Enterprise Agreement 2018. The application for approval was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the "better off overall test" as required by the Fair Work Act 2009. The CFMEU contended that the proposed changes to the terms and conditions of employment would result in a detriment to the employees' overall conditions.

The central legal issue before the Commission was whether the proposed agreement satisfied the "better off overall test." This test requires that the terms and conditions of employment under the agreement be no less favourable to the employees than their previous conditions, taking into account both financial and non-financial factors. The Commission had to evaluate whether the new agreement provided benefits that outweighed any detriments to the employees. The Commission considered the evidence provided by both parties, including expert economic evidence and submissions from the CFMEU, as well as the terms and conditions proposed in the agreement.

After careful consideration, the Commission determined that the agreement did indeed meet the "better off overall test." The Commission found that the financial and non-financial benefits provided by the agreement outweighed any potential detriments. The Commission highlighted several factors in its reasoning, including the agreement's provisions for increased flexibility in work arrangements, enhanced career progression opportunities, and improved productivity measures. The Commission was satisfied that these benefits provided a net positive outcome for the employees, thereby approving the application for the agreement's registration.

As a result of this decision, the 1st Choice Interiors Pty Ltd Enterprise Agreement 2018 was approved and registered. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement, subject to the provisions and requirements set out in the Fair Work Act 2009.

1st Choice Interiors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established