DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Action Shopfitters Australia Pty Ltd
(AG2017/1075)

ACTION SHOPFITTERS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Action Shopfitters Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Action Shopfitters Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Action Shopfitters Australia 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 4 September 2017 and, in accordance with s.54, will operate from 11 September 2017. The nominal expiry date of the Agreement is 4 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Action Shopfitters Australia Pty Ltd recently sought approval for its Enterprise Agreement 2017, which was the subject of an application before the Fair Work Commission. The primary dispute centred around the agreement's provisions, which were contested by the Construction, Forestry, Maritime, Mining and Energy Union. The Union argued that the agreement did not adequately protect employee entitlements and conditions, particularly concerning overtime, penalty rates, and allowances. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the Enterprise Agreement complied with the requirements of the Fair Work Act and whether it provided fair and reasonable terms for the employees. The Commission examined whether the agreement appropriately balanced the interests of the employer and the employees, particularly in light of the Union's objections. Key points of contention included the provisions on overtime rates, penalty rates, and allowances, which the Union claimed were insufficient to protect employees' rights.

In reaching its decision, the Fair Work Commission considered the principles of fairness and reasonableness as outlined in the Fair Work Act. The Commission found that the Enterprise Agreement 2017 provided for adequate terms and conditions for the employees, including provisions for overtime, penalty rates, and allowances. The Commission concluded that the agreement met the statutory requirements for approval and did not disadvantage employees in a way that would be considered unfair. The objections raised by the Union were not sufficient to prevent the agreement from being approved.

The Fair Work Commission approved the Enterprise Agreement 2017, rejecting the Union's objections. The Commission found that the agreement contained fair and reasonable terms for the employees and did not contravene the provisions of the Fair Work Act. The agreement was deemed to be in the best interests of both the employer and the employees, thereby resolving the dispute in favour of Action Shopfitters Australia Pty Ltd.

Action Shopfitters Australia 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