DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Karisma Joinery Pty Ltd
(AG2016/5600)

KARISMA JOINERY PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Karisma Joinery Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Karisma Joinery Pty Ltd Enterprise Agreement 2016 - 2020 (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 Ltd. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 28 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

Karisma Joinery Pty Ltd recently faced scrutiny before the Fair Work Commission in an application for the approval of the Karisma Joinery Pty Ltd Enterprise Agreement 2016-2020. The primary parties involved were Karisma Joinery Pty Ltd and their employees, who were represented by a trade union. The dispute centred around the proposed terms and conditions outlined in the enterprise agreement, specifically addressing issues such as wages, working hours, and various employment provisions. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and met the requirements for a valid enterprise agreement.

The legal issues before the Commission involved assessing the fairness and compliance of the proposed agreement with statutory provisions. This included scrutinising whether the agreement provided a safety net for employees, ensured procedural fairness during its negotiation, and did not unfairly discriminate against certain employees. The Commission also needed to determine whether the agreement was free from any unlawful content and met the procedural requirements outlined in the Fair Work Act.

In reaching its decision, the Fair Work Commission examined the evidence provided by both parties, including submissions and any relevant workplace practices. The Commission found that the proposed agreement, while generally fair, contained some provisions that did not meet the statutory requirements. Specifically, certain clauses relating to working hours and procedural fairness were identified as problematic. After considering the submissions and making appropriate adjustments, the Commission concluded that the enterprise agreement could be approved with minor modifications to address the identified issues. These modifications ensured compliance with the Act and maintained fairness for all parties involved.

The final orders of the Fair Work Commission approved the Karisma Joinery Pty Ltd Enterprise Agreement 2016-2020, subject to the specified modifications. The approved agreement will now serve as the basis for the terms and conditions of employment between Karisma Joinery Pty Ltd and its employees, ensuring compliance with the statutory requirements and promoting a fair workplace environment.

Karisma Joinery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established