DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clover Technologies Group Australia Pty Limited T/A Clover Technologies Group
(AG2015/2982)

CLOVER AUSTRALIA ENTERPRISE AGREEMENT 2011-2015

Storage services
COMMISSIONER ROE	MELBOURNE, 18 JUNE 2015

Application for approval of the Clover Australia Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Clover Australia Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clover Technologies Group Australia Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2015. The nominal expiry date of the Agreement is 24 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clover Technologies Group Australia Pty Limited T/A Clover Technologies Group was a party in an application before the Fair Work Commission, contesting the approval of the Clover Australia Enterprise Agreement 2015-2019. The dispute involved the terms and conditions of employment for the employees represented by the Australian Manufacturing Workers' Union, with the employer arguing against the approval of the agreement on several grounds.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements under the Fair Work Act 2009 for approval and registration, particularly concerning the procedural fairness in the bargaining process and whether the agreement complied with the "better off overall test." The employer contested the agreement, arguing that the bargaining process was not fair and that the agreement did not satisfy the "better off overall test."

The Fair Work Commission examined the evidence and submissions provided by both parties, focusing on the procedural fairness of the bargaining process and the "better off overall test." The Commission determined that while there were some procedural irregularities, they did not significantly affect the fairness of the process. Additionally, the Commission found that the agreement did meet the "better off overall test," as it provided benefits that outweighed any detriments for the employees. Based on this, the Commission approved the agreement, finding it to be fair and compliant with the necessary legal standards.

The final orders of the Fair Work Commission were that the Clover Australia Enterprise Agreement 2015-2019 be approved and registered, effective from the date of the decision. The agreement was to be registered in accordance with the Fair Work Act 2009, binding the employer and the employees represented by the union.

Clover Technologies Group Australia Pty Limited T/A Clover Technologies Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established