Interior Exterior Pty Ltd T/A Interior Summary

[2014] FWCA 6233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Interior Exterior Pty Ltd T/A Interior
(AG2014/8595)

INTERIOR ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 9 SEPTEMBER 2014

Application for approval of the Interior Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Interior Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interior Exterior Pty Ltd T/A Interior. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. An employee shall not be required to work in excess of 70 hours per week.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2014. The nominal expiry date of the Agreement is 8 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interior Exterior Pty Ltd, trading as Interior, brought an application to the Fair Work Commission seeking approval of the Interior Enterprise Agreement 2014. The respondent, Retail and Fast Food Workers Union of Australia, objected to the application on the grounds that the agreement did not provide for minimum wages and entitlements as required by law. The central issue before the Commission was whether the agreement complied with the Fair Work Act 2009 and related regulations.

The Commission examined the provisions of the agreement and the applicable legislative framework. It found that the agreement did not explicitly include all minimum wage rates and conditions of employment as mandated by the National Employment Standards and other relevant provisions. The Commission noted that while the agreement contained provisions that were intended to cover the required minimum standards, they were not sufficiently clear and specific to ensure compliance with the law. As a result, the Commission determined that the agreement did not meet the statutory requirements for approval.

Consequently, the application for approval of the Interior Enterprise Agreement 2014 was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements provide for all minimum wages and entitlements to protect the rights of employees. The decision underscores the need for clear and explicit terms in enterprise agreements to avoid any ambiguity or potential non-compliance with the law.

Interior Exterior Pty Ltd T/A Interior

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established