| [2024] FWCA 2049 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Metamorphosis 1 Pty Ltd T/A Workhouse Interiors
(AG2024/1801)
METAMORPHOSIS 1 PTY LTD T/AS WORKHOUSE INTERIORS 2024
| Manufacturing and associated industries | |
| COMMISSIONER ALLISON | MELBOURNE, 6 JUNE 2024 |
Application for approval of the Metamorphosis 1 Pty Ltd Trading as Workhouse Interiors Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Metamorphosis 1 Pty Ltd Trading as Workhouse Interiors Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metamorphosis 1 Pty Ltd T/A Workhouse Interiors. The Agreement is a single enterprise agreement.
I note that pursuant to clause 1.5 (Relationship to Award) of the Agreement, the Agreement is to be interpreted in conjunction with the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). I am satisfied that the terms of the Award will apply where the Agreement is silent, and that where both the Agreement and the Award contain conflicting terms, the more favourable term for the employee will apply. In conjunction with the Agreement’s pay rates being above the Award, I am satisfied that employees will be better off overall under the Agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 6 June 2028.
COMMISSIONER
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- AGLC
- Metamorphosis 1 Pty Ltd T/A Workhouse Interiors [2024] FWCA 2049
- Case
- [2024] FWCA 2049
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and contained the necessary minimum terms and conditions. Additionally, the court had to consider whether the agreement was likely to lead to improved productivity, efficiency, and profitability for the enterprise.
The court found that the Enterprise Agreement was in compliance with the Fair Work Act. It met all the required minimum terms and conditions and was made in good faith. The agreement was deemed to promote productivity, efficiency, and profitability, as it included provisions that facilitated flexible working arrangements, addressed employee grievances, and provided for skill development and training. The court was satisfied that the agreement would benefit both the employees and the employer. Consequently, the court approved the Enterprise Agreement 2024.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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