DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgemere Investments Pty Ltd ATF The E.M. Unit Trust T/A Elka Furnishing Company
(AG2015/2234)

ELKA FURNISHING COMPANY ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2015

Application for approval of the Elka Furnishing Company Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Elka Furnishing Company Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 Applicant 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 1 April 2015 and, in accordance with s.54, will operate from 8 April 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Sedgemede Investments Pty Ltd ATF The E.M. Unit Trust T/A Elka Furnishing Company, the applicant sought approval for the Elka Furnishing Company Enterprise Agreement 2014 under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with Commissioner Barnes presiding. The application was made by the applicant employer, seeking to have the enterprise agreement registered under section 173 of the Act. The dispute centred around whether the agreement complied with the procedural and substantive requirements set out in the legislation.

The primary legal issue the court had to address was whether the agreement had been appropriately certified as a simple, low-paid or safety-critical agreement, as required by the Act. This involved examining the processes followed to achieve certification and whether they met the statutory criteria. Additionally, the court considered whether the agreement contained all the mandatory terms required by the Act and whether any of the provisions were contrary to public policy or contrary to the general principles of the industrial relations system.

In delivering the decision, the Commissioner found that the agreement had been properly certified and that it contained all the necessary mandatory terms. The Commissioner noted that the process followed to achieve certification was in accordance with the requirements of the Act. The court also determined that none of the provisions in the agreement were contrary to public policy or the general principles of the industrial relations system. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Elka Furnishing Company Enterprise Agreement 2014, finding that it met all the necessary statutory requirements for registration. The agreement was certified and approved, enabling it to take effect and govern the employment conditions of the employees covered by the agreement.

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

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established