DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Decor Corporation Pty Ltd
(AG2015/7873)

THE DÉCOR CORPORATION PTY LTD AND THE NATIONAL UNION OF WORKERS COMPREHENSIVE ENTERPRISE AGREEMENT 2015-2018

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COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of The Decor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as The Décor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Décor Corporation Pty Ltd. 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 “National Union of Workers” (NUW) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Decor Corporation Pty Ltd, along with the National Union of Workers, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question was the Comprehensive Enterprise Agreement 2015-2018. The application was made to the Fair Work Commission, which has the authority to approve such agreements if they meet certain criteria. The dispute centred around the validity and compliance of the proposed agreement with the provisions of the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it met the "better off overall test". The Commission had to consider whether the agreement provided for terms and conditions that were no worse than those under the relevant award or safety net award, and whether it was in the interests of the employees overall. Additionally, the Commission examined whether the agreement had been genuinely negotiated, as required by the Act.

The Fair Work Commission found that the agreement was genuinely negotiated and satisfied the better off overall test. The Commission noted that the agreement contained provisions that were beneficial to the employees, including provisions for wage increases and improved conditions. The Commission was satisfied that the agreement met the requirements of the Act and approved the proposed enterprise agreement. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been negotiated in good faith and that the employees would be better off overall as a result of the agreement.

The Commission approved the Comprehensive Enterprise Agreement 2015-2018, effective from the date of the decision. The approval was subject to certain conditions, including the requirement that the parties provide a copy of the approved agreement to the Fair Work Ombudsman. The decision provided clarity for the parties and established the terms and conditions that would apply to the employees during the period of the agreement.

The Decor Corporation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established