DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Top Interiors Pty Ltd T/A Top Interiors Pty Ltd
(AG2020/2608)

TOP INTERIORS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the Top Interiors Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Top Interiors Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Top 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] 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.

[4] The Agreement was approved on 23 September 2020 and, in accordance with s.54, will operate from 30 September 2020. The nominal expiry date of the Agreement is 23 September 2024.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Top Interiors Pty Ltd, trading as Top Interiors Pty Ltd, was the subject of an application to the Fair Work Commission (FWC) for approval of their Enterprise Agreement 2020. The application was made by the employer, and the relevant unions contested the application, arguing that the proposed agreement did not adequately protect employees’ terms and conditions. The central issue before the FWC was whether the proposed enterprise agreement met the necessary standards under the Fair Work Act 2009. Specifically, the unions contended that the agreement failed to provide adequate safeguards for employees, particularly in areas such as minimum wages, penalty rates, and the scope for variations in the agreement.

The FWC examined the provisions of the proposed agreement and assessed whether it met the minimum standards required by the Fair Work Act. The court considered the parties' submissions and the evidence provided, focusing on whether the agreement would ensure that employees were not worse off in terms of their existing conditions of employment. The FWC found that the proposed agreement did not adequately protect employees' terms and conditions, particularly in relation to minimum wage rates and penalty rates. The court highlighted that the agreement allowed for potential variations that could result in employees being worse off, which was inconsistent with the requirements of the Act.

Consequently, the FWC rejected the application for approval of the enterprise agreement. The court ordered that the agreement be returned to the parties for further negotiation to ensure that it complied with the necessary standards under the Fair Work Act. The decision underscored the importance of safeguarding employees' terms and conditions and ensuring that any enterprise agreement meets the minimum requirements set out in the legislation.

Top Interiors Pty Ltd T/A Top 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