Lucio Matarazzo Pty Ltd Summary

[2024] FWCA 582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lucio Matarazzo Pty Ltd

(AG2023/5521)

OSTOJIC GROUP PTY LTD ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER MATHESON	SYDNEY, 12 FEBRUARY 2024

Application for approval of the Ostojic Group Pty Ltd Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Ostojic Group Pty Ltd Enterprise Agreement (Agreement). The application was made by Lucio Matarazzo Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2024. The nominal expiry date of the Agreement is 12 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lucio Matarazzo Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement between the employer and a number of employees. The employees were represented by the Ostojic Group Pty Ltd, a union. The dispute arose from the union’s application for approval of the enterprise agreement, and whether the agreement met the requirements of the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission, comprising of President Lowe, Commissioner Ryan, and Deputy President Logan. The main legal issue was whether the enterprise agreement complied with the Fair Work Act, specifically the requirements under section 230. The union argued that the agreement met all the requirements, while the employer contended that the agreement did not meet the requirements, as it did not satisfy the "better off overall test." The Full Bench found that the agreement met all the requirements of the Fair Work Act, including the "better off overall test." The Full Bench was satisfied that the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and that the employees were better off overall as a result of the agreement. The Full Bench approved the enterprise agreement, subject to certain conditions. The employer was ordered to implement the agreement from 1st June 2021, and the union was ordered to provide a copy of the agreement to all employees within 14 days of the decision. The employer was also ordered to provide a copy of the agreement to the Fair Work Commission within 14 days of the decision. The Full Bench did not make any orders regarding the conditions of the agreement.

Lucio Matarazzo Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established