DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hocking Central Pty Ltd
(AG2015/2293)

THE PEARSALL IGA AGREEMENT 2015

Retail industry
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2015

Application for approval of the The Pearsall IGA Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as The Pearsall 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 Hocking Central Pty Ltd.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 27 April 2015 and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date of the Agreement is 26 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hocking Central Pty Ltd applied to the Fair Work Commission for approval of The Pearsall IGA Agreement 2015. The agreement was between Hocking Central and the Australian Manufacturing Workers Union. The dispute concerned the terms of employment and the scope of the agreement. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement was a "better off overall test" (BOOT) agreement and whether it appropriately balanced the interests of the employees with those of the employer. Additionally, the commission had to consider whether the agreement met the requirements of the Fair Work Act and whether it was made in good faith. The union argued that the agreement did not adequately protect employees' rights and conditions, while Hocking Central contended that the agreement was fair and in the best interests of all parties.

In its decision, the commission found that the agreement was a BOOT agreement, as it provided overall benefits to the employees. The commission concluded that the agreement was made in good faith and met the requirements of the Fair Work Act. The commission emphasised the importance of balancing the interests of the employer and the employees, and found that the agreement achieved this balance. The commission approved the agreement, highlighting that it provided employees with improved terms and conditions of employment, while also considering the commercial interests of the employer.

The final orders of the commission were that The Pearsall IGA Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2015 for a period of five years. The commission also ordered that the agreement be published in accordance with the Fair Work Act, to ensure transparency and accessibility for all parties involved.

Hocking Central 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