DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Roxy Interiors Trust T/A Roxy Interiors Pty Ltd
(AG2018/7446)

ROXY INTERIORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Roxy Interiors Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Roxy Interiors Pty Ltd Enterprise Agreement 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 Trustee for Roxy Interiors Trust T/A Roxy Interiors Pty Ltd. 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, 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 11 February 2019 and, in accordance with s.54, will operate from 18 February 2019. The nominal expiry date of the Agreement is 11 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of The Trustee for the Roxy Interiors Trust T/A Roxy Interiors Pty Ltd, the Federal Circuit Court was presented with an application to approve an enterprise agreement. The applicant, the trustee, sought the court's approval for the Roxy Interiors Pty Ltd Enterprise Agreement 2018, which had been negotiated between the employer and the employees' representative, Australian Manufacturing Workers Union. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around the compliance of the enterprise agreement with the provisions of the Fair Work Act. Specifically, the court had to determine if the agreement contained mandatory terms, the process for resolving disputes, and whether the agreement was genuinely negotiated. Additionally, the court assessed whether the agreement satisfied the "better off overall test," ensuring that employees were not worse off under the new agreement compared to their previous entitlements.

The court conducted a detailed examination of the agreement, considering the submissions from both parties. It found that the agreement did not mandate any terms contrary to the Act and that the dispute resolution process was appropriate and fair. The trustee demonstrated that the agreement was genuinely negotiated, as required by the legislation. Furthermore, the court was satisfied that the agreement met the "better off overall test," as it provided employees with improved conditions and protections. Consequently, the court approved the agreement, recognising its alignment with the statutory framework and its benefits to the employees.

As a result of the court's decision, the Roxy Interiors Pty Ltd Enterprise Agreement 2018 was approved and registered, becoming a legally binding contract between the employer and the employees. This approval formalised the terms and conditions of employment, ensuring that both parties were bound by the agreed provisions.

The Trustee for Roxy Interiors Trust T/A Roxy Interiors 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