DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commando Storage Systems Pty Ltd
(AG2021/4431)

COMMANDO STORAGE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 APRIL 2021

Application for approval of the Commando Storage Systems Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Commando Storage Systems Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commando Storage Systems Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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, will operate from 23 April 2021. The nominal expiry date of the Agreement is 15 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Commando Storage Systems Pty Ltd sought approval of the Enterprise Agreement 2021. The applicant, a company in the storage and logistics industry, sought to have the agreement, which regulated the employment conditions of its employees, formally approved by the Fair Work Commission. The dispute arose as employees contested certain provisions of the agreement, arguing it did not adequately protect their interests.

The legal issues before the court centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it provided for fair and reasonable terms and conditions, and if it met the criteria for being a "better off overall or at least equal" agreement. Furthermore, the court examined whether the agreement had been genuinely bargained and if it adequately addressed the needs and rights of the employees.

In evaluating the evidence, the court considered submissions from both the applicant and the employees, along with the terms of the agreement. It found that the agreement was indeed made in good faith and contained terms that were fair and reasonable. The court concluded that the agreement met the "better off overall or at least equal" test, providing employees with adequate protections and benefits. The agreement was also found to be the product of genuine bargaining. Thus, the court approved the Enterprise Agreement 2021 as it complied with all statutory requirements.

The final orders of the court were that the Enterprise Agreement 2021 be approved and registered with the Fair Work Commission. The agreement would then be enforceable as a binding contract between the applicant and its employees, governing their employment terms and conditions.

Commando Storage Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established