DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amayby Pty Ltd T/A SA Building Interiors
(AG2019/2001)

SA BUILDING INTERIORS ENTERPRISE AGREEMENT 2019-2023

Building services
COMMISSIONER BISSETT	MELBOURNE, 9 JULY 2019

Application for approval of the SA Building Interiors Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the SA Building Interiors Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amayby Pty Ltd T/A SA Building Interiors. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 8 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Amayby Pty Ltd T/A SA Building Interiors, the Full Bench of the Fair Work Commission was asked to consider an application for the approval of the SA Building Interiors Enterprise Agreement 2019-2023. The application was brought by the employer, Amayby Pty Ltd, seeking to have the enterprise agreement approved under the Fair Work Act 2009. The agreement was intended to govern the employment conditions of the company's employees, including matters such as wages, hours of work, and other employment terms and conditions.

The legal issues before the Full Bench included whether the agreement met the procedural requirements for approval as stipulated by the Fair Work Act, and whether the agreement complied with the provisions of the Act that ensure fair and reasonable terms. Specifically, the court had to determine if the agreement was genuinely negotiated, if it provided for a direct or indirect safety net, and if it contained any terms that were unfair or unreasonable. Additionally, the court had to consider whether the necessary steps were taken to inform and consult with the employees about the agreement before it was made.

In delivering its decision, the Full Bench found that the application met the procedural requirements for approval. The court noted that the agreement was the product of genuine negotiation between the employer and the employees, and that it contained a direct safety net as required by the Act. The Full Bench also concluded that the agreement was fair and reasonable in its terms, and did not contain any provisions that were unfair or unreasonable. The court was satisfied that the employer had taken appropriate steps to inform and consult with the employees about the agreement, and that the employees had been given a reasonable opportunity to express their views on the agreement.

As a result, the Full Bench approved the SA Building Interiors Enterprise Agreement 2019-2023, and made an order to that effect. The agreement is now legally binding on the employer and the employees, and will govern their employment conditions for the period specified in the agreement.

Amayby Pty Ltd T/A SA Building Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established