DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interior Works Pty Ltd
(AG2016/5849)

INTERIOR WORKS PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Interior Works Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Interior Works Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interior Works 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2016. The nominal expiry date of the Agreement is 19 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Interior Works Pty Ltd, an employer, sought approval of the Interior Works Pty Ltd Enterprise Agreement 2016-2020 from the Fair Work Commission (FWC). The applicant had argued that the agreement was necessary to ensure the competitiveness and productivity of the business. The dispute was brought before the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009.

The central legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the FWC had to consider whether the agreement was made in good faith, provided for the proper classification of employees, and ensured that employees were not worse off financially than they would be under the applicable award. Additionally, the FWC needed to assess whether the agreement was procedurally sound and whether the process for reaching the agreement was fair.

The FWC determined that the agreement was made in good faith and that it did not result in employees being worse off financially. The applicant had demonstrated that the agreement was necessary to ensure the competitiveness and productivity of the business. The FWC also found that the agreement provided for the proper classification of employees and that the process for reaching the agreement was fair. As a result, the FWC approved the Interior Works Pty Ltd Enterprise Agreement 2016-2020.

In conclusion, the Fair Work Commission approved the Interior Works Pty Ltd Enterprise Agreement 2016-2020, finding that it met the requirements for approval under the Fair Work Act. The FWC considered the need for the agreement to ensure the competitiveness and productivity of the business, the proper classification of employees, and the financial position of employees. The FWC also found that the agreement was made in good faith and that the process for reaching the agreement was fair.

Interior Works 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