InteriorCo Vic Pty Ltd Trading AS Zenith Interiors

[2025] FWCA 2063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InteriorCo Vic Pty Ltd Trading AS Zenith Interiors

(AG2025/1776)

ZENITH INTERIORS SANDRINGHAM ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2025

Application for approval of the Zenith Interiors Sandringham Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Zenith Interiors Sandringham Enterprise Agreement 2023 (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 Trading AS Zenith Interiors. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is taken to be a term of the Agreement

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 26 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, InteriorCo Vic Pty Ltd trading as Zenith Interiors, sought approval of the Zenith Interiors Sandringham Enterprise Agreement 2023. The applicant is an employer engaged in the interior design and decorating industry, and the agreement in question was negotiated with the relevant union. The application was heard in the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve enterprise agreements.

The primary legal issue for the Commission to decide was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. The procedural requirements included ensuring that the agreement was negotiated in good faith and that the necessary bargaining representatives were involved. The substantive requirements related to the terms and conditions of employment, including minimum rates of pay, penalty rates, and other entitlements. The Commission also had to consider whether the agreement was in the best interests of the employees covered by it.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been negotiated in good faith and met all the procedural requirements. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Commission approved the Zenith Interiors Sandringham Enterprise Agreement 2023, subject to certain minor amendments to ensure compliance with the Fair Work Act.

The Commission made an order approving the Zenith Interiors Sandringham Enterprise Agreement 2023, with the minor amendments noted in the decision. The agreement is now legally binding on the applicant and the employees covered by it, and the Commission's approval ensures that it meets the requirements of the Fair Work Act. The applicant and the union may now proceed to implement the agreement and ensure that it is complied with by all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established