DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abbtay Enterprises Pty Ltd T/A GKR Interiors
(AG2015/5300)

ABBTAY ENTERPRISES PTY LTD T/A GKR INTERIORS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the Abbtay Enterprises Pty Ltd T/A GKR Interiors Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Abbtay Enterprises Pty Ltd T/A GKR Interiors Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abbtay Enterprises Pty Ltd T/A GKR Interiors. 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. 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.

[4] 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.

[5] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 6 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Abbtay Enterprises Pty Ltd, trading as GKR Interiors, involved an application for the approval of the Enterprise Agreement 2015. The applicant sought to have the agreement approved by the Fair Work Commission (FWC) to formalise the terms and conditions of employment for employees working within the interior design and decorating industry. The FWC was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue before the FWC was whether the Enterprise Agreement 2015 complied with the provisions of the Fair Work Act. Specifically, the FWC needed to assess if the agreement contained all the mandatory terms prescribed by the Act, if it had been negotiated in good faith, and if it provided for the proper protection of employees' interests. The applicant argued that the agreement was comprehensive, fairly negotiated, and beneficial to both parties. The FWC evaluated these arguments against the statutory criteria, examining each term of the agreement to ensure compliance with the legislative requirements.

In reaching its decision, the FWC examined the specific terms of the Enterprise Agreement 2015, including provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and was negotiated in good faith. The FWC also concluded that the agreement provided adequate protection for the employees' interests, considering the nature of the industry and the bargaining context. Therefore, the FWC approved the Enterprise Agreement 2015, recognising it as a valid and binding enterprise agreement under the Act.

The FWC's decision to approve the Enterprise Agreement 2015 provides clarity and legal certainty for both Abbtay Enterprises Pty Ltd and its employees. The approval signifies that the agreement meets all statutory requirements and is thus enforceable under the Fair Work Act. This outcome ensures that the terms and conditions of employment are formally recognised, protecting the interests of both the employer and the employees.

Abbtay Enterprises Pty Ltd T/A GKR Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established