DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Country Road Group Logistics
(AG2015/1682)

COUNTRY ROAD GROUP LOGISTICS OMNI FULFILMENT CENTRE ENTERPRISE AGREEMENT 2015

Retail industry
COMMISSIONER ROE	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Country Road Group Logistics (the Applicant). The agreement is a greenfields agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 23 January 2015. On 5 February 2015 I received a signed undertaking in response to the queries from Oliver Kysela, Chief Financial Officer. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of s.172(2)(b) of the Act are met. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Shop, Distributive and Allied Employees Association are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with the Shop, Distributive and Allied Employees Association and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Country Road Group Logistics Pty Ltd and various employees represented by the National Tertiary Education Industry Union. The dispute centred on the application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2015. The commission was tasked with determining whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009, ensuring it was fairly and properly made.

The key legal issues before the commission included whether the agreement was genuinely negotiated between the parties, whether the bargaining was conducted in good faith, and whether the agreement covered all employees within the specified bargaining unit. Additionally, the commission needed to assess whether the agreement complied with the requirements for modern awards and whether it included appropriate provisions for employee entitlements, conditions, and dispute resolution.

In its reasoning, the commission examined the negotiation process and found that the agreement was genuinely negotiated and made in good faith. The commission also determined that the agreement properly covered all employees within the bargaining unit and included necessary provisions for entitlements and conditions. The commission further concluded that the agreement met the requirements for modern awards and was thus fair and reasonable. Consequently, the commission approved the agreement, recognising its compliance with the statutory requirements.

As a result of the commission's decision, the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2015 was approved and registered, effective from the date of the decision. This approval formalises the agreement as a legally binding document between Country Road Group Logistics and the relevant employees, providing a framework for their employment terms and conditions.

Country Road Group Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established