DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ebos Group Australia Pty Ltd
(AG2016/1302)

EBOS GROUP AUSTRALIA PTY LTD (VICTORIA) AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2016

Application for approval of the EBOS Group Australia Pty Ltd (Victoria) and the National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the EBOS Group Australia Pty Ltd (Victoria) and the National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ebos Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Ebos Group Australia Pty Ltd, a company engaged in retail operations, and the National Union of Workers, representing the employees, brought an application before the Fair Work Commission for approval of the Enterprise Agreement 2016. The dispute centred on whether the proposed agreement complied with the relevant statutory provisions, particularly concerning minimum wage rates, penalty rates, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards to warrant its approval and registration.

The central legal issues revolved around the interpretation and application of sections of the Fair Work Act 2009, specifically regarding the agreement's provisions on wages, penalty rates, and procedural fairness. The Commission had to assess whether the agreement provided for minimum wages and penalty rates as required by law, and whether it adhered to the procedural requirements for negotiation and approval. Furthermore, the Commission considered whether the agreement was genuinely negotiated and whether it met the criteria for being free from inappropriate content.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2016 was largely compliant with the statutory requirements. The Commission determined that the agreement provided for appropriate minimum wages and penalty rates, and it was satisfied that the agreement had been genuinely negotiated between the parties. The Commission also noted that the agreement was free from any inappropriate content, thereby meeting the necessary legal standards for approval. Consequently, the Fair Work Commission approved the application and registered the Enterprise Agreement 2016.

The Fair Work Commission's final orders included the registration of the Enterprise Agreement 2016, effective from the date of the decision. The agreement was to apply to the employees of Ebos Group Australia Pty Ltd covered by the union's registered agreement. The Commission's decision provided clarity and certainty regarding the terms of the agreement, ensuring that it complied with all relevant legal requirements.

Ebos Group Australia 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