DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kenny Interiors Pty Ltd T/A Galla Interiors
(AG2016/1393)

KENNY INTERIORS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2016

Application for approval of the Kenny Interiors Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kenny Interiors Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kenny Interiors Pty Ltd T/A Galla Interiors. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 30 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Kenny Interiors Pty Ltd, trading as Galla Interiors, and a union representing its employees. The dispute centred around the application for approval of the Kenny Interiors Pty Ltd Enterprise Agreement 2016. The union had applied for the agreement to be approved, but also sought to have certain provisions of the agreement disallowed on the grounds that they were not fairly negotiated or otherwise unfair. The dispute was heard by the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement had been fairly negotiated and was otherwise fair. The union argued that certain provisions of the agreement, including those relating to casual loading, penalty rates, and the definition of ordinary hours of work, were not fairly negotiated and were otherwise unfair. The union also claimed that the agreement did not provide adequate protections for employees and failed to comply with relevant industrial instruments. Kenny Interiors Pty Ltd, on the other hand, argued that the agreement was the result of good faith negotiations and provided a fair and reasonable outcome for both parties.

The Fair Work Commission found that the enterprise agreement had not been fairly negotiated and contained provisions that were otherwise unfair. The Commission found that the agreement did not provide adequate protections for employees and failed to comply with relevant industrial instruments. The Commission also found that the definition of ordinary hours of work in the agreement was not fairly negotiated and was otherwise unfair. As a result, the Fair Work Commission disallowed certain provisions of the agreement and did not approve it in its entirety. However, the Commission did approve the agreement with some modifications, including changes to the definition of ordinary hours of work and the provision of adequate protections for employees.

Kenny Interiors Pty Ltd T/A Galla Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established