Complete Shopfitters Pty Ltd

[2024] FWCA 3203

[2024] FWCA 3203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Complete Shopfitters Pty Ltd

(AG2024/3136)

COMPLETE SHOPFITTERS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 6 SEPTEMBER 2024

Application for approval of the Complete Shopfitters Enterprise Agreement 2024

1. Complete Shopfitters Pty Ltd has applied for approval of an enterprise agreement known as Complete Shopfitters Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. 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. The undertakings are taken to be a term of the agreement.

1. I note that the following clauses are inconsistent with the National Employment Standards:

-Clause 27.2 Personal/Carer’s Leave contains more onerous notice requirements than s 107(2)(a) of the Act;

-Clause 25.1 Public Holidays is inconsistent with s 115(3) of the Act; and

-Clause 42.4 Notice of Termination may be inconsistent with s 324 and unenforceable under s 326 of the Act.

1. The above matters were resolved via the undertakings provided by the Employer and included below in Annexure A.

1. Subject to the undertakings and other matters 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.

1. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act and despite Clause 5 of the Agreement, will operate from 13 September 2024.

1. In accordance with Clause 5, the nominal expiry date of the Agreement is 5 September 2027.

COMMISSIONER

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Annexure A