DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crystal Interior Concepts Pty Ltd
(AG2015/3427)

CRYSTAL INTERIOR CONCEPTS PTY LTD (“CRYSTAL”) ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 AUGUST 2015

Application for approval of the Crystal Interior Concepts Pty Ltd (“Crystal”) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Crystal Interior Concepts Pty Ltd (“Crystal”) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crystal Interior Concepts Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 August 2015 and, in accordance with s.54, will operate from 12 August 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crystal Interior Concepts Pty Ltd was a party to an enterprise agreement with its employees, and an application was made for its approval. The application was heard in the Fair Work Commission (FWC), where the nature of the dispute revolved around the validity and fairness of the proposed agreement under the Fair Work Act 2009. The legal issues before the FWM included whether the agreement met the statutory requirements for being a "better off overall test" (BOOT) and if it complied with the procedural requirements under the Act.

The Commission examined whether the agreement provided employees with conditions that were no less favourable than those provided under the relevant award or modern award. It also considered whether the agreement was made in good faith and whether the process by which it was negotiated was fair. The FWC assessed the submissions from both parties and the evidence provided regarding the negotiation process, the terms of the agreement, and its potential impact on employees.

Upon reviewing the evidence and submissions, the FWC determined that the agreement did meet the BOOT and was fair in terms of the process and content. The Commission found that the negotiation process was conducted in good faith and that the agreement provided employees with terms and conditions that were no less favourable than those provided by the relevant modern award. Consequently, the FWC approved the enterprise agreement. No further orders were made beyond the approval of the agreement.

Crystal Interior Concepts 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