The Décor Corporation Pty Ltd

[2013] FWCA 2096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Décor Corporation Pty Ltd
(AG2013/5316)

THE DÉCOR CORPORATION PTY LTD AND NATIONAL UNION OF WORKERS COMPREHENSIVE ENTERPRISE AGREEMENT 2012

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 8 APRIL 2013

Application for approval of The Décor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012-2015.

[1] An application has been made for the approval of an enterprise agreement known as The Décor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] It is noted that clause 7.2 of the Agreement provides that the Agreement is to be read and interpreted in conjunction with the National Employment Standards and that where there is any inconsistency between the two, the provision more beneficial to employees prevails. It would seem that this will ensure that shiftworkers will receive the benefit of 5 weeks of annual leave (see s.87 of the Act), that the payment of annual leave upon termination of employment will include annual leave loading (see s.90(2)), and that payment in respect of public holidays will be in accordance with the Act (see ss.114-116).

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[4] The National Union of Workers, 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) of the Act, I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2013. The nominal expiry date of the Agreement is 31 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Décor Corporation Pty Ltd, represented by its directors, applied to the Fair Work Commission for approval of the National Union of Workers Comprehensive Enterprise Agreement 2012-2015. The application was contested by the respondent, who raised concerns about the adequacy of the agreement in terms of its compliance with the Fair Work Act 2009. The dispute was heard and determined by the Fair Work Commission, with Commissioner Cowin presiding.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act, particularly in relation to its fairness and compliance with the Act's provisions. This involved an examination of the agreement's terms and conditions, the process by which it was negotiated, and its implications for the employees it covered. The Commission needed to determine if the agreement was appropriately negotiated, if it contained the necessary minimum terms and conditions, and if it was fair and reasonable in the circumstances.

The Commission reviewed the agreement in detail, assessing its terms against the statutory framework set out in the Fair Work Act. The Commission considered the process of negotiation and consultation, the content of the agreement, and the impact it would have on the employees. Commissioner Cowin concluded that the agreement was fairly negotiated and contained the necessary minimum terms. The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved. The application for approval was therefore granted.

The final orders of the Commission included the approval of the National Union of Workers Comprehensive Enterprise Agreement 2012-2015, subject to the terms and conditions set out in the agreement. The Commission also directed that the agreement would be registered and enforceable under the Fair Work Act, effective from the date of the decision. This decision provided clarity and certainty for both the employer and the employees regarding the terms of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established