DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Club Assist Pty Ltd as trustee for the Battery Assist Unit Trust
(AG2020/1902)

CLUB ASSIST PTY LTD NSW/ACT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 AUGUST 2020

Application for approval of the Club Assist Pty Ltd NSW/ACT Enterprise Agreement 2019.

[1] Club Assist Pty Ltd has applied for approval of a single enterprise agreement known as the Club Assist Pty Ltd NSW/ACT Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Club Assist Pty Ltd sought to correct errors in the original application, by filing an amended application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 6 August 2020 and, in accordance with s.54, will operate from 13 August 2020. The nominal expiry date of the Agreement is 13 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Club Assist Pty Ltd, as trustee for the Battery Assist Unit Trust, applied to the Fair Work Commission for approval of the Club Assist Pty Ltd NSW/ACT Enterprise Agreement 2019. The application was opposed by the Shop, Distributive and Allied Employees Association NSW/ACT Branch. The dispute before the Commission involved the terms and conditions of employment for workers under the proposed enterprise agreement. The primary concern was whether the agreement met the requirements of the Fair Work Act 2009 and if it provided fair and reasonable terms and conditions for the employees.

The key legal issues the Commission needed to address included whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including the "better off overall test" (BOOT). The Commission examined whether the proposed agreement provided employees with terms and conditions at least as good as their previous conditions or the applicable awards. Additionally, the Commission assessed whether the agreement contained clauses that were contrary to public policy or contravened any other provisions of the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement met the procedural requirements set out in the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, satisfying the BOOT. It determined that the agreement provided employees with terms and conditions at least as good as their previous conditions or the relevant awards. The Commission also found that the agreement did not contain any clauses that were contrary to public policy or in breach of any other provisions of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Club Assist Pty Ltd NSW/ACT Enterprise Agreement 2019. The approval took effect from the date specified in the agreement and applied to the employees covered by the agreement.

Club Assist Pty Ltd as trustee for the Battery Assist Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established