DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fastball Nominees Pty Ltd
(AG2015/2256)

THE SWAN VIEW IGA AGREEMENT 2015

Retail industry
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2015

Application for approval of the The Swan View IGA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Swan View IGA 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 Fastball Nominees 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 22 April 2015 and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 21 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Fastball Nominees Pty Ltd, sought approval of an enterprise agreement with the employees of the Swan View IGA supermarket. The Fair Work Commission (FWC) was asked to decide whether the agreement met the requirements of the Fair Work Act 2009. The nature of the dispute centred on the compliance of the agreement with the Act, specifically whether the agreement had been made in good faith and whether it provided for procedural fairness and minimum entitlements.

The legal issues the court had to resolve were whether the agreement was genuinely negotiated between the parties, if it met the minimum entitlements specified in the Act, and if the process followed to negotiate and finalise the agreement was procedurally fair. The applicant needed to demonstrate that the agreement was not only made in good faith but also that it contained all necessary provisions for the protection of employees' rights and interests.

The FWC concluded that the agreement was compliant with the Act. It found that the negotiation process was conducted in good faith and that the agreement met all statutory minimum entitlements. The FWC also determined that the process for reaching the agreement was procedurally fair. The FWC approved the The Swan View IGA Agreement 2015, finding it to be a genuine enterprise agreement under the Act.

The final orders of the FWC were to approve the The Swan View IGA Agreement 2015 as a registered enterprise agreement under the Act. The applicant's application for approval was thus granted in its entirety.

Fastball Nominees Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established