DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winkle Shopfitters Pty Ltd
(AG2015/4074)

WINKLE SHOPFITTERS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2015

Application for approval of the Winkle Shopfitters Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Winkle Shopfitters Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Winkle Shopfitters Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. 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 12 August 2015 and, in accordance with s.54, will operate from 19 August 2015. The nominal expiry date of the Agreement is 19 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Winkle Shopfitters Pty Ltd was the subject of an application for the approval of the Winkle Shopfitters Pty Ltd Enterprise Agreement 2015. The applicant was the employer, and the respondents were the unions involved. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, an independent statutory body with jurisdiction over employment matters in Australia.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, particularly regarding the process by which it was negotiated and whether it met the standards for "better off overall" and "no detriment" for the employees involved. The Commission also considered whether the agreement contained terms that were fair and reasonable and whether the process for its negotiation was conducted in good faith.

The Fair Work Commission determined that the Enterprise Agreement 2015 did meet the criteria for approval. The Commission found that the agreement was negotiated in good faith, contained fair and reasonable terms, and was better off overall for the employees. The process for negotiation was deemed to be compliant with the statutory requirements. Consequently, the Commission approved the agreement, noting the positive aspects of the negotiations and the benefits the agreement would bring to the employees.

The final orders of the Commission were that the Winkle Shopfitters Pty Ltd Enterprise Agreement 2015 be approved and registered under the Fair Work Act. The agreement was to come into effect from the date of the Commission's decision, and all parties were directed to comply with its terms.

Winkle Shopfitters 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