DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inner Part Interiors Pty Ltd
(AG2020/3215)

INNER PARTY INTERORS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 NOVEMBER 2020

Application for approval of the Inner Part Interors Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Inner Part Interors Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inner Part Interiors Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 5 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inner Part Interiors Pty Ltd was before the Fair Work Commission in an application for the approval of the Inner Part Interiors Pty Ltd Enterprise Agreement 2020-2024. The applicant, Inner Part Interiors, sought approval of the agreement which was made between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement satisfied the requirements for an enterprise agreement under the Fair Work Act. This included ensuring that the agreement dealt with the terms and conditions of employment for the employees in a manner that was fair and reasonable, and that it complied with procedural and substantive provisions of the Act. The Commission also had to consider whether the agreement was made in good faith and whether it met the criteria for being a single, indivisible agreement.

The Fair Work Commission found that the agreement was appropriately made in good faith and that it met the necessary criteria for approval. The Commission noted that the agreement included provisions that were fair and reasonable for the employees and the employer, and that it complied with all the relevant procedural and substantive requirements of the Fair Work Act. The Commission also considered that the agreement was a single, indivisible agreement, as required by the legislation. Consequently, the Commission approved the Inner Part Interiors Pty Ltd Enterprise Agreement 2020-2024.

In approving the agreement, the Fair Work Commission issued an order that the agreement be registered and become a legally binding enterprise agreement between Inner Part Interiors and the employees covered by the agreement. The Commission's decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of their employment for the duration of the agreement.

Inner Part Interiors 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