DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Faculty Group Pty Ltd T/A Faculty Shopfitting
(AG2016/4314)

FACULTY GROUP PTY LTD T/A FACULTY SHOPFITTING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2016

Application for approval of the Faculty Group Pty Ltd T/A Faculty Shopfitting Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Faculty Group Pty Ltd T/A Faculty Shopfitting 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 Faculty Group Pty Ltd T/A Faculty Shopfitting. 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. 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.

[4] 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.

[5] The Agreement was approved on 11 October 2016 and, in accordance with s.54, will operate from 18 October 2016. The nominal expiry date of the Agreement is 11 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Faculty Group Pty Ltd, trading as Faculty Shopfitting, for the approval of the Faculty Group Pty Ltd T/A Faculty Shopfitting Enterprise Agreement 2016. The application was lodged by the employer, Faculty Group Pty Ltd, under section 232 of the Fair Work Act 2009. The dispute centred on the fairness and compliance of the proposed enterprise agreement with relevant statutory provisions.

The primary legal issue was whether the terms of the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission needed to determine if the agreement had been made in good faith, if it adhered to the minimum terms and conditions outlined in the Act, and if the agreement was procedurally sound in its formation. Additionally, the Commission had to consider whether the agreement was fair and reasonable in all its aspects.

The Fair Work Commission, in its decision, meticulously reviewed the evidence and submissions presented by both parties. It assessed the procedural fairness of the agreement, confirming that the necessary consultation processes were followed and that employees had an opportunity to be involved in the negotiation process. The Commission also examined the substantive fairness of the agreement, ensuring that it did not disadvantage employees and met the minimum standards prescribed by the Act. Upon concluding that the agreement complied with all statutory requirements, the Commission approved the Faculty Group Pty Ltd T/A Faculty Shopfitting Enterprise Agreement 2016, thereby resolving the dispute in favour of the employer.

Faculty Group Pty Ltd T/A Faculty Shopfitting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established