DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Karisma Joinery Pty Limited
(AG2020/3469)

KARISMA JOINERY PTY LIMITED ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Karisma Joinery Pty Limited Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Karisma Joinery Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[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 25 December 2020. The nominal expiry date of the Agreement is 17 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Karisma Joinery Pty Limited applied for the Fair Work Commission's approval of the Enterprise Agreement 2020 - 2024. The applicant, Karisma Joinery, is a company involved in joinery services. The respondents, represented by the Australian Manufacturing Workers' Union, challenged the proposed agreement's terms and conditions, arguing that they were not fair and reasonable. The case was heard by the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The legal issues central to this case revolved around whether the proposed Enterprise Agreement met the statutory requirements for fairness and reasonableness under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for appropriate minimum wages and conditions, and if it allowed for fair and efficient bargaining processes. The respondents argued that certain provisions of the agreement were not fair, particularly in relation to penalty rates and work conditions.

The Commission, in its decision, examined the terms of the agreement in detail. It assessed whether the provisions were consistent with the principles of fairness and reasonableness as outlined in the Fair Work Act. The Commission found that the proposed agreement generally met these standards. The key provisions, including those concerning wages, penalty rates, and work conditions, were deemed to be fair and reasonable. The Commission acknowledged the arguments presented by the respondents but ultimately concluded that the agreement was balanced and reflected the interests of both parties.

The Fair Work Commission approved the Enterprise Agreement 2020 - 2024, finding it to be fair and reasonable. The agreement was thus endorsed and can now be implemented between Karisma Joinery Pty Limited and its employees as represented by the Australian Manufacturing Workers' Union. This decision ensures that the terms of employment are legally binding and enforceable under the Fair Work Act.

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