DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Action Interiors Pty Ltd
(AG2014/7925)

ACTION INTERIORS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Action Interiors Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Action Interiors Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Action 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 Agreement was approved on 9 December 2014 and, in accordance with s.54, will operate from 16 December 2014. The nominal expiry date of the Agreement is 16 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Action Interiors Pty Ltd, an applicant, sought approval of the Action Interiors Pty Ltd Enterprise Agreement 2014 from the Fair Work Commission. The respondent, Retail and Fast Food Workers Union of Victoria, opposed the application, arguing that the agreement did not comply with the Fair Work Act 2009. The case was heard and determined by the Fair Work Commission.

The primary legal issue before the commission was whether the enterprise agreement fulfilled the requirements of the Fair Work Act, particularly in relation to provisions concerning overtime and penalty rates. The respondent contended that certain clauses in the agreement were not consistent with the Act and that the agreement failed to comply with the "better off overall and in the round" test, which ensures that employees are not disadvantaged by the terms of the agreement.

The commission examined the evidence and submissions presented by both parties. It found that while some of the clauses did not strictly adhere to the Act, they did not result in any employee being worse off overall. The commission also noted that the agreement included provisions that were beneficial to the employees, such as increased holiday leave entitlements and the ability to accrue unused leave. Consequently, the commission concluded that the agreement satisfied the better-off test and approved it.

The Fair Work Commission approved the Action Interiors Pty Ltd Enterprise Agreement 2014, finding that it complied with the Fair Work Act and met the better off overall and in the round test. The union's application to reject the agreement was dismissed.

Action Interiors Pty Ltd

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