Ferragamo Australia Pty Limited T/A Ferragamo Summary

[2023] FWCA 2716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ferragamo Australia Pty Limited T/A Ferragamo

(AG2023/2714)

FERRAGAMO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023

Retail industry
COMMISSIONER WILSON	MELBOURNE, 25 AUGUST 2023

Application for approval of the Ferragamo Australia Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ferragamo Australia Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferragamo Australia Pty Limited T/A Ferragamo. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2023. The nominal expiry date of the Agreement is 25 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Ferragamo Australia Pty Limited, trading as Ferragamo, applied to the Fair Work Commission for the approval of the Ferragamo Australia Pty Ltd Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, and the parties involved included the employer, Ferragamo Australia Pty Limited, and the employee representatives, including the Retail and Fast Food Workers Union of Australia. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval, particularly concerning its compliance with the provisions of the Fair Work Act.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act, including ensuring that the agreement was not adversely affecting the employees’ conditions and whether the agreement was negotiated in good faith. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, including remuneration, hours of work, and other employment conditions. It was also necessary to consider if the agreement complied with the "better off overall test," ensuring that employees were not worse off under the new agreement than they were under their existing conditions.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the Ferragamo Australia Pty Ltd Enterprise Agreement 2023 met the requirements of the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that employees were not disadvantaged by the new agreement. The Commission also concluded that the agreement had been negotiated in good faith and met the "better off overall test." Accordingly, the Commission approved the agreement, ensuring its enforceability under the Fair Work Act.

The final orders of the Fair Work Commission were that the Ferragamo Australia Pty Ltd Enterprise Agreement 2023 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of registration and be binding on all parties as per its terms. This decision ensured that the enterprise agreement would be legally enforceable and that the conditions set out within it would apply to the relevant employees.

Ferragamo Australia Pty Limited T/A Ferragamo

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established