Fortuity Pty Ltd T/A Weight Watchers Services Pty Ltd Summary

[2013] FWCA 4376

FAIR WORK COMMISSION

DECISION

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

Fortuity Pty Ltd T/A Weight Watchers Services Pty Ltd
(AG2013/6515)

WEIGHT WATCHERS FIELD TEAM ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Weight Watchers Field Team Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Weight Watchers Field Team Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fortuity Pty Ltd T/A Weight Watchers Services Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] On 3 July 2013 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The United Voice, 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 12 July 2013. The nominal expiry date of the Agreement is 4 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Fortuity Pty Ltd trading as Weight Watchers Services Pty Ltd, sought approval of the Weight Watchers Field Team Enterprise Agreement 2013. The respondent, the Australian Services Union, represented the employees covered by the agreement. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning procedural fairness and the protection of employees’ rights. The Commission was tasked with determining if the agreement provided a safety net for employees and was made without improper conduct.

The legal issues before the Commission included whether the applicant had engaged in bargaining in good faith and whether the agreement met the statutory minimum standards. Additionally, the Commission had to assess if the agreement provided for procedural fairness in its creation and if it protected employees' rights and entitlements. The applicant argued that the agreement was the product of genuine bargaining and met all statutory requirements. The respondent contended that the process was flawed and the agreement did not adequately protect employee rights.

The Fair Work Commission found that the agreement was made without coercion, undue influence, or improper conduct, and that it provided a safety net for the employees. The Commission was satisfied that the applicant had engaged in genuine bargaining and that the agreement met the statutory minimum standards. The Commission also noted that the process was procedurally fair, and the agreement did not adversely affect the employees’ rights and entitlements. Therefore, the Commission approved the Weight Watchers Field Team Enterprise Agreement 2013.

The Fair Work Commission ordered that the Weight Watchers Field Team Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the Commission's decision. The Commission emphasised the importance of ensuring that all future bargaining processes were conducted in good faith and that employees' rights were adequately protected.

Fortuity Pty Ltd T/A Weight Watchers Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established