DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ESR Group Holdings Pty Ltd T/A Early Settler
(AG2018/545)

EARLY SETTLER VICTORIAN WAREHOUSE ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JUNE 2018

Application for approval of the Early Settler Victorian Warehouse Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Early Settler Victorian Warehouse Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ESR Group Holdings Pty Ltd T/A Early Settler. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 14 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ESR Group Holdings Pty Ltd, trading as Early Settler, applied to the Fair Work Commission for approval of the Early Settler Victorian Warehouse Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union and the Transport Workers' Union, who argued that the proposed agreement did not comply with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the necessary standards of procedural and substantive fairness as outlined in the Fair Work Act. The opposition focused on the process by which the agreement was negotiated and the specific terms within the agreement that they contended were unfair. The Commission had to determine if the agreement was genuinely negotiated and if it provided for the fair treatment of employees.

The Commission held that the agreement was the product of genuine negotiations and that the process was free from any procedural unfairness. The Commission also found that the substantive terms of the agreement did not contravene the provisions of the Fair Work Act. It was concluded that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the application for approval was successful.

The Fair Work Commission approved the Early Settler Victorian Warehouse Enterprise Agreement 2017. The Commission ordered that the agreement be registered and become the governing enterprise agreement for the relevant employees.

ESR Group Holdings Pty Ltd T/A Early Settler

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established