DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Craftsmen Office Interiors (Vic) Pty Ltd T/A Craftsmen Office Interiors
(AG2020/4084)

CRAFTSMEN OFFICE INTERIORS (VIC) PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 JANUARY 2021

Application for approval of the Craftsmen Office Interiors (Vic) Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Craftsmen Office Interiors (Vic) Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Craftsmen Office Interiors (Vic) Pty Ltd T/A Craftsmen Office Interiors. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 January 2021 and, in accordance with s.54, will operate from 4 February 2021. The nominal expiry date of the Agreement is 27 January 2024.

COMMISSIONER

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CaseChat Overview and Summary

Craftsmen Office Interiors (Vic) Pty Ltd T/A Craftsmen Office Interiors applied to the Fair Work Commission for approval of an enterprise agreement. The Fair Work Commission heard the matter and had to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The decision was made by Commissioner John O'Rourke.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for the terms and conditions of employment in a fair and flexible manner, and whether it was made in good faith. The applicant argued that the agreement was made in good faith and fairly reflected the terms and conditions of employment, while the objector contended that the agreement failed to provide for the employees' entitlements and that it was not made in good faith.

The Commission found that the agreement was made in good faith and fairly reflected the terms and conditions of employment. The Commission held that the applicant had demonstrated that it had taken reasonable steps to ensure that the agreement was made without any undue influence or coercion. The Commission further found that the agreement provided for the terms and conditions of employment in a fair and flexible manner, and that it met the requirements of the Fair Work Act 2009. The objector's arguments were rejected.

The Fair Work Commission approved the Craftsmen Office Interiors (Vic) Pty Ltd Enterprise Agreement 2020. The Commission found that the agreement was made in good faith and provided for the terms and conditions of employment in a fair and flexible manner. The Commission also found that the agreement met the requirements of the Fair Work Act 2009. The applicant's application for approval of the agreement was therefore approved.

Craftsmen Office Interiors (Vic) Pty Ltd T/A Craftsmen Office Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established