DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Titan Interiors Pty Ltd
(AG2017/661)

TITAN INTERIORS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 MARCH 2017

Application for approval of the Titan Interiors Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Titan Interiors Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Titan Interiors 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.

[3] The Agreement was approved on 20 March 2017 and, in accordance with s.54, will operate from 27 March 2017. The nominal expiry date of the Agreement is 20 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Titan Interiors Pty Ltd applied for approval of the Titan Interiors Pty Ltd Enterprise Agreement 2017. The dispute involved the classification and pay rates for employees within the company. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of section 235 of the Act. This included assessing whether the agreement had been made in good faith, provided for a direct or indirect safety net improvement for employees, and contained appropriate mechanisms for the resolution of disputes. Additionally, the Commission needed to consider whether the agreement contained any provisions that were contrary to public policy or contravened the Act.

The Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement was made in good faith, provided for a safety net improvement, and contained appropriate dispute resolution mechanisms. The Commission also found that none of the provisions were contrary to public policy or in breach of the Act. Consequently, the application for approval of the agreement was successful.

The Commission approved the Titan Interiors Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement until a new agreement was made or until the agreement was terminated in accordance with the provisions of the Fair Work Act 2009.

Titan 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