DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Karisma Joinery Pty Limited
(AG2021/5048)

KARISMA JOINERY PTY LIMITED ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 MAY 2021

Application for variation of the Karisma Joinery Pty Limited Enterprise Agreement 2020-2024.

[1] An application has been made for approval of a variation to the Karisma Joinery Pty Limited Enterprise Agreement 2020-2024 (the Agreement). The application was made by Karisma Joinery Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 December 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 28 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Karisma Joinery Pty Limited recently had an application heard in the Fair Work Commission, concerning a variation to their Enterprise Agreement for the period 2020-2024. The dispute was brought forth by the employer, who sought amendments to the agreement due to changes in business operations and economic factors. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable in all the circumstances.

The legal issues that the Commission had to address included whether the proposed variations met the criteria set out in the Fair Work Act 2009 for altering an enterprise agreement. Specifically, the Commission had to consider if the changes were in response to genuine changes in circumstances and if they were necessary to maintain the financial viability of the business. Additionally, the Commission examined whether the changes were fair and reasonable in terms of the interests of both the employer and the employees.

The Commission's decision was grounded in a detailed analysis of the economic and operational changes that Karisma Joinery had experienced. The employer provided evidence of reduced profitability and increased operational costs, which they argued justified the proposed variations. After considering the evidence and submissions from both parties, the Commission found that the changes were indeed a genuine response to the altered circumstances. The Commission also determined that the proposed variations were fair and reasonable, taking into account the interests of both employers and employees. The Commission ultimately approved the variations, allowing Karisma Joinery to implement the changes as sought.

In conclusion, the Fair Work Commission granted the application for variation of the Enterprise Agreement, finding that the proposed changes were necessary and fair. The decision highlights the importance of demonstrating genuine changes in circumstances and the need for fairness in the interests of all parties involved in an enterprise agreement.

Karisma Joinery Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established