Greenline Commercial Interiors Pty Ltd Summary

[2016] FWCA 74

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greenline Commercial Interiors Pty Ltd

(AG2015/6337)

GREENLINE COMMERCIAL INTERIORS PTY LTD ENTERPRISE

AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 6 JANUARY 2016

Application for approval of the Greenline Commercial Interiors Pty Ltd Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Greenline Commercial Interiors Pty Ltd Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Greenline Commercial Interiors Pty Ltd. 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.
[2016] FWCA 74

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

13 January 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 74

Annexure A

CaseChat Overview and Summary

Greenline Commercial Interiors Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2015. The application was made under section 185 of the Fair Work Act 2009, and the Agreement in question is a single enterprise agreement. The company provided written undertakings that the Agreement would not cause financial detriment to any employees and would not result in substantial changes. Commissioner Lee was satisfied with these undertakings and determined that the requirements of sections 186, 187, 188, and 190 of the Act had been met.

The primary legal issue was whether the Agreement met the necessary requirements for approval under the Fair Work Act. This included examining the content of the Agreement, the process by which it was made, and whether it complied with the provisions of the Act. Commissioner Lee concluded that the Agreement did meet the requirements for approval, subject to the written undertakings provided by the Applicant.

In reaching the decision, Commissioner Lee considered the provisions of the Fair Work Act and the content of the Greenline Commercial Interiors Pty Ltd Enterprise Agreement 2015. The Commissioner noted that the Agreement included provisions for wages, hours of work, and other terms and conditions of employment. The Commissioner was satisfied that the Agreement was fairly negotiated and met the necessary requirements for approval under the Act. The Commissioner also considered the written undertakings provided by the Applicant, which addressed potential concerns about financial detriment to employees and substantial changes to the Agreement.

The Fair Work Commission approved the Greenline Commercial Interiors Pty Ltd Enterprise Agreement 2015, subject to the written undertakings provided by the Applicant. The Agreement will operate from 13 January 2016 and will expire on 1 January 2019, unless earlier terminated in accordance with the provisions of the Agreement or the Fair Work Act.

Greenline Commercial Interiors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established