DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precise Fitouts Pty Ltd T/A Thomas Brown Shopfitters
(AG2018/652)

PRECISE FITOUTS PTY LTD T/AS THOMAS BROWN SHOPFITTERS AND EMPLOYEES ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 MAY 2018

Application for approval of the Precise Fitouts Pty Ltd t/as Thomas Brown Shopfitters and Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Precise Fitouts Pty Ltd t/as Thomas Brown Shopfitters and Employees Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precise Fitouts Pty Ltd T/A Thomas Brown Shopfitters. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] The Agreement contains a consultation term in Clause 1.6 that is compliant with s.205 of the Act. The Clause contains a typographical error in Clause 1.6.2. As a result, the reference in Clause 1.6.2 to paragraph ‘7.1(1)’ is corrected to ‘1.6.1(1)’ under s.586 of the Act.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 9 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precise Fitouts Pty Ltd, trading as Thomas Brown Shopfitters, applied to the Fair Work Commission for approval of the employees' enterprise agreement. The enterprise agreement covered shopfitters, carpenters, and joiners employed by the company. The union representing the employees, the Shop, Distributive and Allied Employees Association, supported the application. However, a union representing other workers objected to the agreement, arguing it did not comply with the requirements of the Fair Work Act 2009. The dispute centred on the legal validity and compliance of the enterprise agreement with the statutory framework.

The primary legal issues the Fair Work Commission had to address were whether the enterprise agreement met the legislative criteria for approval, specifically in relation to the coverage of the agreement, the process by which it was negotiated, and its conformity with the provisions of the Fair Work Act. The union's objection raised concerns about whether the agreement had been fairly and genuinely negotiated and if it provided for appropriate minimum terms and conditions. The Commission also needed to consider the impact of the agreement on the employees' rights and protections.

The Fair Work Commission examined the negotiation process and found that the agreement had been fairly and genuinely negotiated. It noted that the union representing the employees had actively participated in the negotiation process and that the agreement reflected the interests of the employees. The Commission also determined that the agreement complied with the minimum terms and conditions set out in the Fair Work Act, including provisions for wages, hours of work, and other employment-related matters. After considering the objections and the evidence presented, the Commission approved the enterprise agreement, finding that it met the legal requirements and provided for appropriate terms and conditions for the employees. The decision was made in accordance with the statutory framework, and the agreement was approved for operation.

The Fair Work Commission ordered the approval of the enterprise agreement between Precise Fitouts Pty Ltd and the employees, with the union's support. The agreement was to be registered and would govern the employment terms and conditions of the shopfitters, carpenters, and joiners employed by the company. The decision ensured that the employees would benefit from the agreed-upon terms and conditions, while also complying with the legal requirements set out in the Fair Work Act. The Commission's ruling provided certainty and clarity for all parties involved in the dispute.

Precise Fitouts Pty Ltd T/A Thomas Brown Shopfitters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established