Karisma Joinery Pty Limited Summary

[2025] FWCA 747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Karisma Joinery Pty Limited

(AG2025/386)

KARISMA JOINERY PTY LIMITED ENTERPRISE AGREEMENT 2025-2029

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 27 FEBRUARY 2025

Application for approval of the Karisma Joinery Pty Limited Enterprise Agreement 2025 - 2029

Karisma Joinery Pty Limited has applied for approval of an enterprise agreement known as the Karisma Joinery Pty Limited Enterprise Agreement 2025-2029 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Agreement does not in terms contain a Delegates’ Rights term as required by s 205A(1) of the Act. However, clause 3.4.3 of the Agreement effectively incorporates the terms of the Joinery and Building Trades Award 2020 “where the Agreement is silent on the relevant award provisions”. Consequently, clause 32A of the Award, titled “Workplace delegates’ rights”, forms a term of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 6 March 2025. The nominal expiry date of the Agreement 27 February 2029.

COMMISSIONER

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CaseChat Overview and Summary

Karisma Joinery Pty Limited has applied to the Fair Work Commission for approval of the Karisma Joinery Pty Limited Enterprise Agreement 2025-2029. The application pertains to the terms and conditions of employment for joinery workers within the company, encompassing issues such as wages, hours of work, and other employment-related matters. The dispute arises from disagreements between the company and the relevant union representatives over the proposed terms of the agreement.

The central legal issues before the Fair Work Commission involved whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for good faith bargaining, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with any relevant minimum standards set out in the Fair Work Act. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees covered by it.

The Fair Work Commission found that the proposed enterprise agreement generally complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement had been reached through good faith bargaining and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement met the relevant minimum standards and was in the best interests of the employees. After considering the evidence and submissions from both parties, the Commission approved the Karisma Joinery Pty Limited Enterprise Agreement 2025-2029. The approved agreement now serves as a legally binding contract between Karisma Joinery Pty Limited and its employees for the duration of the agreement.

Karisma Joinery Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established