Karisma Joinery Pty Ltd

[2013] FWCA 5947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Karisma Joinery Pty Ltd
(AG2013/2089)

KARISMA JOINERY PTY LIMITED ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Karisma Joinery Pty Limited Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Karisma Joinery Pty Limited Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Karisma Joinery Pty Limited (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 10 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Karisma Joinery Pty Ltd was the subject of an application for the approval of an enterprise agreement made by the Australian Building and Construction Commission. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the court involved the compliance of the agreement with the legislative criteria, specifically whether it satisfied the "better off overall test" and whether it contained any unfair provisions.

The commission examined the agreement to ascertain if it provided employees with a net benefit when compared to the applicable awards and if it was free from any unfair content. The agreement proposed a range of terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The commission had to assess whether the terms were fair and reasonable, and if they provided for a genuine improvement in the employees' overall conditions. The court also considered whether the agreement had been made in good faith and whether it complied with the procedural requirements of the Fair Work Act.

After careful consideration, the commission determined that the enterprise agreement met the statutory requirements for approval. The agreement was found to provide employees with a net benefit over the applicable awards, and no unfair provisions were identified. The commission was satisfied that the agreement had been made in good faith and that the procedural requirements had been met. Consequently, the commission approved the Karisma Joinery Pty Ltd Enterprise Agreement 2013-2016. The decision underscored the importance of ensuring that enterprise agreements provide genuine benefits to employees and adhere to the legislative framework governing their approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established