DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenstar Interior Solutions Pty Ltd
(AG2015/4930)

GREENSTAR INTERIOR SOLUTIONS (ONSITE AND OFFSITE) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Greenstar Interior Solutions (Onsite and Offsite) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Greenstar Interior Solutions (Onsite and Offsite) 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 Greenstar Interior Solutions 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. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Greenstar Interior Solutions Pty Ltd, an applicant, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Greenstar Interior Solutions (Onsite and Offsite) Enterprise Agreement 2015. The nature of the dispute revolved around the procedural fairness of the Commission's consideration of the application and the substantive fairness of the agreement itself.

The legal issues before the court included whether the Commission had given adequate consideration to the applicant's submissions and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the applicant argued that the Commission had not properly considered their submissions regarding the procedural fairness of the process and had failed to address key aspects of the agreement that impacted employees' rights and entitlements.

The court found that the Commission had indeed failed to properly consider the applicant's submissions, leading to a procedural unfairness. Additionally, the court identified that certain provisions of the agreement were not in compliance with the statutory requirements for approval. These provisions failed to adequately protect the rights and entitlements of employees as required by the Act. Consequently, the court ruled that the application for approval should be dismissed, and the agreement could not be approved in its current form. Further amendments would be necessary to address both procedural and substantive fairness concerns before it could be reconsidered.

Greenstar Interior Solutions 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