DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirk Interiors Pty Ltd
(AG2015/5229)

KIRK INTERIORS PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Kirk Interiors Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Kirk Interiors Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kirk Interiors Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 22 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kirk Interiors Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The respondent, Retail and Fast Food Workers Union of Australia, objected to the approval. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. The Union argued that the agreement did not meet the requirement of providing for the proper operation of the business and that it contained provisions that were not genuinely bargained.

The Commission found that the agreement did provide for the proper operation of the business and that the provisions in question were genuinely bargained. The Commission considered the nature of the business, the bargaining positions of the parties, and the content of the agreement. The Union's argument that the agreement did not provide for the proper operation of the business was rejected as it was not supported by evidence. The Commission held that the agreement was fairly and genuinely negotiated and contained provisions that were not unreasonable. The application for approval was subsequently granted.

The Fair Work Commission approved the Kirk Interiors Pty Ltd Enterprise Agreement 2015-2019. The Union's objections to the approval were dismissed. The agreement was deemed to comply with the requirements of the Fair Work Act 2009. The decision provides guidance on the factors that the Commission considers when determining whether an enterprise agreement meets the requirements of the Act. The approval of the agreement is a significant outcome for Kirk Interiors Pty Ltd and its employees, as it provides certainty and stability in their workplace relations.

Kirk Interiors 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