DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ken Wilson & Associates Pty Ltd T/A KWA Blinds
(AG2016/5524)

KEN WILSON & ASSOCIATES PTY LTD 2016 EBA

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Ken Wilson & Associates Pty Ltd 2016 EBA.

[1] An application has been made for approval of an enterprise agreement known as the Ken Wilson & Associates Pty Ltd 2016 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ken Wilson & Associates Pty Ltd T/A KWA Blinds. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 26 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ken Wilson & Associates Pty Ltd, trading as KWA Blinds, applied to the Fair Work Commission for approval of their 2016 Enterprise Bargaining Agreement (EBA). The nature of the dispute was the proposed terms and conditions of employment within the EBA, and the court was the Fair Work Commission. The applicant, KWA Blinds, sought to have the EBA approved and registered as a protected action EBA. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the EBA did not meet the requirements for approval under the Fair Work Act 2009.

The primary legal issues the court was required to decide were whether the EBA complied with the statutory requirements for approval, including whether it provided for minimum terms and conditions of employment, and whether it was consistent with the relevant industrial instruments. Additionally, the court had to consider whether the EBA provided for the protection of employees' rights and entitlements, and whether it was in the best interests of the employees covered by the agreement.

The court found that the EBA did not provide for minimum terms and conditions of employment as required by section 228 of the Fair Work Act. The court noted that the EBA did not include provisions for minimum wage rates, penalty rates, leave entitlements, or other key terms and conditions. The court also found that the EBA did not provide for the protection of employees' rights and entitlements, as it did not include provisions for dispute resolution mechanisms or other protections. Based on these findings, the court refused to approve the EBA and dismissed the application. The court concluded that the EBA did not meet the statutory requirements for approval and was not in the best interests of the employees covered by the agreement.

Ken Wilson & Associates Pty Ltd T/A KWA Blinds

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established