Alexander Interiors Pty Ltd Summary

[2016] FWCA 680

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alexander Interiors Pty Ltd

(AG2016/74)

ALEXANDER INTERIORS PTY LTD ENTERPRISE AGREEMENT

2016

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Alexander Interiors Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Alexander Interiors Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alexander

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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 680

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

10 February 2016. The nominal expiry date of the Agreement is 2 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 680

Annexure A

CaseChat Overview and Summary

Alexander Interiors Pty Ltd applied for the approval of the Alexander Interiors Pty Ltd Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The application was made to Commissioner Lee of the Fair Work Commission, heard in Melbourne on 3 February 2016. The Agreement, a single enterprise agreement, was proposed for approval as it met the requirements of sections 186, 187, 188, and 190 of the Act. The company provided written undertakings which were reviewed and found to not cause financial detriment to any employee or result in substantial changes to the Agreement.

The legal issues before the court involved determining whether the enterprise agreement met all the necessary criteria for approval under the Fair Work Act 2009. This included verifying that the agreement fulfilled the conditions of sections 186, 187, 188, and 190 of the Act, and ensuring that the provided undertakings did not compromise the interests of the employees. Additionally, the court had to consider the inclusion of the model flexibility term as prescribed by the Fair Work Regulations 2009, which was deemed part of the Agreement.

The Commissioner found that the Alexander Interiors Pty Ltd Enterprise Agreement 2016 met all the legal requirements for approval. The written undertakings did not adversely affect the employees, and no substantial changes to the Agreement were identified. The Commissioner also confirmed that the model flexibility term was appropriately incorporated into the Agreement. Consequently, the Agreement was approved and would come into effect from 10 February 2016, with a nominal expiry date of 2 February 2020.

Alexander Interiors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established