Catch.com.au Pty Ltd Summary

[2022] FWCA 2858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Catch.com.au Pty Ltd

(AG2022/3144)

Catch and United Workers’ Union Truganina Fulfilment Centre Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 AUGUST 2022

Application for approval of the Catch and United Workers’ Union Truganina Fulfilment Centre Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Catch and United Workers’ Union Truganina Fulfilment Centre Enterprise Agreement 2022. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catch.com.au Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Catch.com.au Pty Ltd, heard in the Fair Work Commission, involved the company Catch.com.au seeking approval for the Catch and United Workers’ Union Truganina Fulfilment Centre Enterprise Agreement 2022. The dispute arose from negotiations between the company and the union over terms and conditions for employees at the Truganina Fulfilment Centre. The Union had raised concerns about several aspects of the proposed agreement, including the classification of employees, wage rates, and other employment conditions.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for minimum entitlements, and if it was made in good faith and without coercion. The Union argued that the agreement failed to meet these criteria in several respects. The Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions, and if it was made without any unfair labour practices.

The Commission examined the evidence and submissions from both parties, assessing the proposed agreement against the statutory provisions. It considered the good faith requirement, scrutinising the negotiation process and the terms proposed. The Commission found that while there were areas of contention, the overall agreement provided for minimum entitlements and was made without coercion. The Commission was satisfied that the agreement met the statutory requirements for approval, taking into account the practicalities of the workplace and the need for a fair and workable agreement.

The Commission approved the Catch and United Workers’ Union Truganina Fulfilment Centre Enterprise Agreement 2022, effective from the date of the decision. The Union's concerns were addressed to some extent through the approval, balancing the interests of both the employer and the employees. The decision highlights the importance of meeting statutory requirements while also considering the practicalities of workplace agreements.

Catch.com.au Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established