DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kolen Carpentry Pty Ltd T/A Kolen Carpentry
(AG2018/2537)

KOLEN CARPENTRY PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2018

Application for approval of the Kolen Carpentry Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Kolen Carpentry Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kolen Carpentry Pty Ltd T/A Kolen Carpentry. The Agreement is a single enterprise agreement.

[2] The Employer 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 24 August 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kolen Carpentry Pty Ltd, trading as Kolen Carpentry, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The dispute arose from the company's proposed terms and conditions of employment, which were set out in the Enterprise Agreement 2018-2022. The nature of the dispute involved the company's assertion that certain provisions within the agreement were necessary for its operational efficiency, while the employees argued that some terms were overly restrictive and unfair.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for "genuine agreement" and whether the terms were procedurally and substantively fair. The company argued that the agreement reflected a genuine consensus between the parties, while the employees contended that some provisions were unfair and did not meet the threshold for procedural fairness.

In its decision, the Fair Work Commission examined the process by which the agreement was negotiated and whether it involved genuine consultation between the parties. The court also evaluated the substantive fairness of the terms, considering factors such as the nature of the work, the bargaining power of the parties, and the overall fairness of the terms to the employees. The Commission found that while the process was generally fair, some terms were overly restrictive and did not adequately reflect the employees' interests. However, the overall agreement was deemed to meet the statutory requirements for approval.

Consequently, the Fair Work Commission approved the enterprise agreement with certain modifications to address the identified unfair terms. These modifications ensured that the agreement complied with the statutory requirements and was substantively fair to the employees. The decision was made to balance the company's operational needs with the need to protect the employees' rights and interests.

Kolen Carpentry Pty Ltd T/A Kolen Carpentry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established