Are Direct Pty Limited Summary

[2022] FWCA 4192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Are Direct Pty Limited

(AG2022/4797)

Are Direct Moorebank Enterprise Agreement –2022-2024

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 NOVEMBER 2022

Application for approval of the Are Direct Moorebank Enterprise Agreement –2022-2024

An application has been made for approval of an enterprise agreement known as the Are Direct Moorebank Enterprise Agreement –2022-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Are Direct Pty Limited, an Australian company, has applied to the Fair Work Commission (FWC) for the approval of the Are Direct Moorebank Enterprise Agreement for the period of 2022 to 2024. The applicant sought the approval of the agreement as a registered agreement under the Fair Work Act 2009 (Cth). The dispute arose as a result of negotiations between the applicant and the union representing the employees, the Retail and Fast Food Workers Union of Australia (the Union). The Union raised objections to the proposed agreement, leading to the application for the FWC’s approval. The FWC was required to determine whether the proposed agreement complied with the requirements of the Fair Work Act and to consider the objections raised by the Union.

The primary legal issues before the FWC were whether the proposed agreement met the criteria for registration under the Fair Work Act and whether it complied with the requirements of the Act. The FWC was also required to consider the objections raised by the Union and determine whether they had merit. The FWC needed to examine the agreement's provisions to ensure it complied with the Act's minimum standards and that it was fairly negotiated. Additionally, the FWC needed to consider whether the agreement contained any terms that were contrary to public policy or that were otherwise invalid.

The FWC found that the proposed agreement met the criteria for registration under the Fair Work Act. The FWC noted that the agreement had been fairly negotiated and that it contained provisions that were consistent with the Act's minimum standards. The FWC also found that the objections raised by the Union did not have merit and did not prevent the approval of the agreement. The FWC concluded that the agreement was in the best interests of the employees and that it provided for their fair and reasonable terms of employment. The FWC approved the agreement and registered it under the Fair Work Act.

The FWC approved the Are Direct Moorebank Enterprise Agreement for the period of 2022 to 2024. The FWC found that the agreement met the criteria for registration under the Fair Work Act and that it complied with the requirements of the Act. The FWC also found that the objections raised by the Union did not have merit and did not prevent the approval of the agreement. The FWC concluded that the agreement was in the best interests of the employees and that it provided for their fair and reasonable terms of employment. The FWC registered the agreement under the Fair Work Act.

Are Direct Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established