DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InteriorCo Vic Pty Ltd T/A Zenith Interiors
(AG2016/2865)

ZENITH INTERIORS SANDRINGHAM ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Zenith Interiors Sandringham Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Zenith Interiors Sandringham Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InteriorCo Vic Pty Ltd T/A Zenith Interiors. 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

InteriorCo Vic Pty Ltd T/A Zenith Interiors applied to the Fair Work Commission for the approval of the Zenith Interiors Sandringham Enterprise Agreement 2016. The application followed a union's objection to the agreement, citing concerns over its fairness and compliance with relevant labour laws. The central issue before the Commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The Commission considered the objections raised by the union and examined the terms and conditions of the proposed agreement. It assessed whether the agreement provided for appropriate pay and conditions, including minimum rates of pay, penalty rates, leave entitlements, and other benefits. The Commission also evaluated the procedural fairness of the bargaining process leading to the agreement. After careful consideration, the Commission determined that the agreement did not meet the fairness test under section 234 of the Act. The Commission found that the agreement contained provisions that were not in the best interests of the employees and did not provide adequate protections.

Consequently, the application for approval of the Zenith Interiors Sandringham Enterprise Agreement 2016 was dismissed. The decision highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees and comply with the statutory requirements for approval. The dismissal of the application underscores the need for careful scrutiny of enterprise agreements to protect the interests of workers.

InteriorCo Vic Pty Ltd T/A Zenith Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established