Workrite Commercial Interiors (Vic) Pty Ltd Summary

[2021] FWCA 6608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workrite Commercial Interiors (Vic) Pty Ltd
(AG2021/8134)

WORKRITE COMMERCIAL INTERIORS (VIC) PTY LTD ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 9 NOVEMBER 2021

Application for approval of the Workrite Commercial Interiors (Vic) Pty Ltd Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the Workrite Commercial Interiors (Vic) Pty Ltd Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workrite Commercial Interiors (Vic) 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 is approved and, in accordance with s.54 of the Act, will operate from 16 November 2021. The nominal expiry date of the Agreement is 8 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Workrite Commercial Interiors (Vic) Pty Ltd, the applicant, sought approval of an enterprise agreement with its employees. The dispute centred around the terms and conditions outlined in the proposed agreement, which the company argued should be ratified to facilitate smoother operations and compliance with modern workplace standards. The legal issues primarily revolved around whether the agreement met the necessary criteria for approval, including whether it was made in good faith and whether it provided for the fair remuneration and conditions of employment for the employees.

The Commission examined the application to ensure that the agreement adhered to the provisions of the Fair Work Act 2009. A critical aspect of the review was to verify if the agreement was made without undue pressure or coercion and if it provided adequate protections for the employees. The company argued that the proposed terms reflected a fair balance between the interests of the business and the rights of the employees. The Commission found that the agreement did indeed meet the necessary requirements, as it was made in good faith and provided for fair and reasonable terms for the employees.

Consequently, the Commission approved the Workrite Commercial Interiors (Vic) Pty Ltd Enterprise Agreement 2021-2024. The decision underscored the importance of ensuring that enterprise agreements are fair and reasonable while supporting the operational needs of the business. The approval of this agreement will govern the terms and conditions of employment for the specified period, providing a framework for the relationship between the employer and employees.

Workrite Commercial Interiors (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established