DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgemere Investments Pty Ltd ATF The E.M. Unit Trust T/A Elka Furnishing Company
(AG2018/6158)

ELKA FURNISHING COMPANY ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2019

Application for approval of the ELKA FURNISHING COMPANY ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the ELKA FURNISHING COMPANY ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sedgemere Investments Pty Ltd ATF The E.M. Unit Trust T/A Elka Furnishing Company. 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 16 April 2019. The nominal expiry date of the Agreement is 15 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sedgemere Investments Pty Ltd, acting as trustee for the E.M. Unit Trust and trading as Elka Furnishing Company, applied to the Fair Work Commission for approval of the Elka Furnishing Company Enterprise Agreement 2018. The application was made under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and its employees, represented by the Shop, Distributive and Allied Employees' Association. The primary issue before the Commission was whether the agreement met the requirements for registration under the Act, including whether it provided for a direct and clear communication pathway between employees and their employer.

The Commission examined the provisions of the agreement, considering whether it provided for a transparent and effective process for communication between employees and their employer. The Commission found that the agreement did not adequately provide for such a pathway, as it did not specify clear procedures or mechanisms for communication. The Commission further noted that the absence of a defined communication pathway was inconsistent with the principles of good faith bargaining and the broader objectives of the Act to promote cooperative relationships between employers and employees.

Consequently, the Commission determined that the agreement did not meet the criteria for approval and registration under the Act. The application for approval of the Elka Furnishing Company Enterprise Agreement 2018 was dismissed. The Commission's decision highlighted the importance of clear communication provisions in enterprise agreements to facilitate constructive industrial relations.

Sedgemere Investments Pty Ltd ATF The E.M. Unit Trust T/A Elka Furnishing Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established