Edstein Creative Pty Limited Summary

[2024] FWCA 3302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Edstein Creative Pty Limited

(AG2024/2958)

EDSTEIN CREATIVE PTY LTD ON-SITE AND INSTALLERS ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER MCKINNON	SYDNEY, 19 SEPTEMBER 2024

Application for approval of the Edstein Creative Pty Ltd On- site and Installers Enterprise Agreement 2024

Edstein Creative Pty Limited has applied for approval of a single enterprise agreement known as the Edstein Creative Pty Ltd On- site and Installers Enterprise Agreement 2024 (the Agreement).

Employees were not given notice of the time, place and voting method for the Agreement at least seven clear days before the vote to approve the Agreement commenced. I am satisfied in the circumstances that what occurred was a minor procedural error that is not likely to have disadvantaged any employee or to have affected the outcome of the vote.

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 September 2024. The nominal expiry date of the Agreement is 19 September 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Edstein Creative Pty Limited sought approval for the On-site and Installers Enterprise Agreement 2024. The application was made under the Fair Work Act 2009. The dispute involved the proposed enterprise agreement and its terms, including wages, conditions of employment, and other employment-related matters. The matter was heard in the Fair Work Commission, which has jurisdiction to consider and approve such agreements.

The central legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and if it was appropriate for approval. The Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment, and if it had been negotiated in good faith. The Commission also considered if the agreement contained any unfair provisions that would undermine the rights of employees.

The Commission found that the proposed agreement was fair and reasonable, having been negotiated in good faith. It satisfied the requirements of the Fair Work Act 2009 and provided for appropriate terms and conditions of employment. The Commission noted that the agreement covered essential aspects of employment, including wages, hours of work, and other conditions, and it did not contain any unfair provisions. Consequently, the Commission approved the On-site and Installers Enterprise Agreement 2024.

The Commission's final order was to approve the proposed enterprise agreement as fair and reasonable and to register it under the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision, and all parties were bound by its terms.

Edstein Creative Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established