Budget Shopfitters Pty Ltd Summary

[2013] FWCA 1309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Budget Shopfitters Pty Ltd
(AG2013/5039)

BUDGET SHOPFITTERS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 MARCH 2013

Application to approve the Budget Shopfitters Pty Ltd and Employees Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 February 2013 by Budget Shopfitters Pty Ltd for the approval of a single-enterprise agreement known as the Budget Shopfitters Pty Ltd and Employees Enterprise Agreement (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Budget Shopfitters Pty Ltd, represented by its employees, applied to the Fair Work Commission for approval of the Budget Shopfitters Pty Ltd and Employees Enterprise Agreement. The dispute centred around the terms and conditions of employment within the enterprise, with a particular focus on the agreement's compliance with the Fair Work Act 2009. The Commission, presided over by a panel of experts, was tasked with evaluating whether the agreement met the necessary legal and procedural requirements for endorsement.

The primary legal issue before the Commission was whether the enterprise agreement adequately covered all relevant employees, whether it was free from any illegal or improper provisions, and whether it had been genuinely negotiated between the employer and the employees. The Commission needed to assess if the agreement complied with the mandatory provisions of the Fair Work Act, ensuring it provided for minimum wages, conditions, and entitlements. Additionally, the Commission considered if the agreement had been made in good faith and whether it allowed for proper consultation and negotiation between the parties.

After examining the submissions and evidence presented, the Commission determined that the enterprise agreement complied with the statutory requirements. The agreement was found to cover all relevant employees, contained no illegal provisions, and was the product of genuine negotiation. The Commission also found that the agreement met the mandatory minimum terms and conditions as required by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the necessary legislative standards.

The final orders of the Commission were that the Budget Shopfitters Pty Ltd and Employees Enterprise Agreement be approved as a registered agreement under the Fair Work Act 2009. This decision effectively binds the employer and the employees to the terms and conditions outlined in the agreement, providing a legally enforceable framework for their employment relationship.

Budget Shopfitters Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established