DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Shopfitters Pty Ltd
(AG2016/2796)

COMPLETE SHOPFITTERS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 MAY 2016

Application for approval of the Complete Shopfitters Enterprise Agreement 2016.

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

[5] 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.

[6] The Construction, Forestry, Mining and Energy 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.

[7] The Agreement was approved on 19 May 2016 and, in accordance with s.54, will operate from 26 May 2016. The nominal expiry date of the Agreement is 19 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Complete Shopfitters Pty Ltd was before the Fair Work Commission, where the company applied for approval of the Complete Shopfitters Enterprise Agreement 2016. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding minimum entitlements and procedural fairness. The Commission had to determine if the agreement provided for appropriate minimum entitlements, and whether the process of its negotiation and approval was fair and lawful.

The primary legal issues involved assessing whether the agreement provided for the minimum entitlements outlined in the Fair Work Act, including minimum wages, penalty rates, leave provisions, and other conditions. Furthermore, the Commission needed to ascertain if the negotiation process was conducted in a manner that complied with the procedural requirements of the Act, ensuring that the agreement was genuinely negotiated and that the parties had the opportunity to be involved in the process.

The Fair Work Commission found that the Complete Shopfitters Enterprise Agreement 2016 did meet the requirements of the Fair Work Act. The Commission held that the agreement appropriately provided for minimum entitlements as stipulated in the legislation. Additionally, the Commission concluded that the negotiation process was fair, lawful, and in compliance with the procedural requirements of the Act. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act.

The Commission's decision was to approve and register the Complete Shopfitters Enterprise Agreement 2016. The agreement was deemed to provide for the minimum entitlements required by the Fair Work Act and was found to have been negotiated in a manner consistent with the Act's procedural provisions. This decision ensured that the terms and conditions of employment for the parties involved would be governed by the approved agreement, providing certainty and stability in their industrial relations.

Complete Shopfitters 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