Crystal Home Concepts Pty Ltd

[2025] FWCA 49

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Crystal Home Concepts Pty Ltd

(AG2024/4898)

CRYSTAL HOME CONCEPTS PTY LTD ('CRYSTAL') ENTERPRISE AGREEMENT 2024 - 2026

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 7 JANUARY 2025

Crystal Home Concepts Pty Ltd ('Crystal') Enterprise Agreement 2024 - 2026

An application has been made for approval of an enterprise agreement known as the Crystal Home Concepts Pty Ltd ('Crystal') Enterprise Agreement 2024 - 2026 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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

The Agreement is approved today 7 January 2025. It will operate from 14 January 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Crystal Home Concepts Pty Ltd, which brought a dispute before the Fair Work Commission regarding the interpretation of the Enterprise Agreement 2024 - 2026. The primary issue was whether certain terms and conditions of the agreement were validly implemented and if the company had properly applied the agreed wage rates. The Commission was tasked with determining the legality of these provisions and their application in the context of the agreement.

The legal issues before the Commission included the enforceability of the agreement's terms and the proper application of wage rates. Crystal argued that the agreement's terms were valid and enforceable, while the opposing party contended that certain provisions were ambiguous and improperly applied. The Commission had to consider whether the agreement was properly entered into, if the terms were clear and unambiguous, and if the wage rates were correctly applied in line with the agreement.

The Commission found that the Enterprise Agreement 2024 - 2026 was validly entered into and that the terms were clear and unambiguous. It determined that the wage rates were properly applied and that Crystal had acted in accordance with the agreement. The Commission rejected the claims of ambiguity and improper application, concluding that the agreement was enforceable as written. The decision upheld the validity of the agreement and the proper implementation of its terms.

The final orders of the Commission confirmed the enforceability of the Enterprise Agreement 2024 - 2026 and the correct application of wage rates as per the agreement. The Commission rejected the claims made by the opposing party and affirmed the terms of the agreement as valid and binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established