Maam (NSW) Pty Ltd; Kollaras & Co Pty Ltd; Neotrade Pty Ltd Summary

[2014] FWCA 4664

FAIR WORK COMMISSION

DECISION

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

Maam (NSW) Pty Ltd; Kollaras & Co Pty Ltd; Neotrade Pty Ltd
(AG2014/1412)

KOLLARAS GROUP ENTERPRISE AGREEMENT 2014-2018

Storage services
COMMISSIONER ROE	MELBOURNE, 11 JULY 2014

Application for approval of the Kollaras Group Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kollaras Group Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maam (NSW) Pty Ltd; Kollaras & Co Pty Ltd; Neotrade Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 20 June 2014. On 9 July 2014 I received a signed undertaking in response to the queries from Carl Bowdler, Chief Financial Officer at the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] As the agreement does not contain a consultation term, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[6] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2014. The nominal expiry date of the Agreement is 11 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Maam (NSW) Pty Ltd, Kollaras & Co Pty Ltd, and Neotrade Pty Ltd appeared before the Fair Work Commission, where the parties sought approval of the Kollaras Group Enterprise Agreement 2014-2018. The application was brought under section 233 of the Fair Work Act 2009, with the union, Shop, Distributive and Allied Employees Association, objecting to the application. The union argued that the enterprise agreement did not meet the requirements of the Act and was therefore invalid.

The legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for approval. The Commission examined the agreement's provisions, including the classification of employees, the terms and conditions of employment, and the dispute resolution mechanisms. The union argued that the agreement failed to adequately protect employees' rights and entitlements, while the applicants argued that the agreement was fair and reasonable.

The Commission found that the enterprise agreement met the requirements of the Fair Work Act 2009 and granted approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for classification, pay rates, and dispute resolution mechanisms. The Commission also noted that the agreement provided for the protection of employees' rights and entitlements, including provisions for leave, redundancy, and other benefits. The Commission was satisfied that the agreement was in the best interests of the employees and granted approval of the enterprise agreement.

The Commission made orders approving the Kollaras Group Enterprise Agreement 2014-2018 and directed that the agreement be registered with the Fair Work Commission. The union's objection to the application was dismissed.

Maam (NSW) Pty Ltd; Kollaras & Co Pty Ltd; Neotrade Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established