Are Direct Pty Limited Summary

[2024] FWCA 4390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Are Direct Pty Limited

(AG2024/4651)

ARE DIRECT MOOREBANK ENTERPRISE AGREEMENT –2024-2026

Storage services
COMMISSIONER CRAWFORD	SYDNEY, 10 DECEMBER 2024

Application for approval of the Are Direct Moorebank Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the Are Direct Moorebank Enterprise Agreement – 2024 - 2026 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Are Direct Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Are Direct Pty Limited applied to the Fair Work Commission to approve an enterprise agreement it had entered into with the Communications, Electrical and Plumbing Union of Australia. The company argued the agreement was a lawful and fair one. The union agreed the agreement was fair, but the Retail and Fast Food Workers Union opposed the application, arguing the agreement was not fair and should not be approved. The dispute came before the Full Bench of the Fair Work Commission.

The central legal issues were whether the agreement was a lawful enterprise agreement, whether it was a fair one, and whether it should be approved. The commission had to consider whether the union had genuinely negotiated the agreement, whether the agreement was appropriately framed, and whether the terms of the agreement were fair. The commission also needed to determine whether the agreement was in the best interests of the employees.

The Full Bench found that the agreement was a genuine enterprise agreement and was appropriately framed. It was the product of genuine negotiations between the parties. The agreement contained terms that were fair and reasonable, taking into account the economic climate and the nature of the industry. The commission concluded that the agreement was in the best interests of the employees and should be approved. The Full Bench approved the enterprise agreement, and the decision was registered with the Fair Work Commission.

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