Mr Christopher Bentley

[2013] FWCA 8531

FAIR WORK COMMISSION

DECISION

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

Mr Christopher Bentley
(AG2013/9604)

THE RACK'NSTACK WAREHOUSE PTY LTD COLLECTIVE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 29 OCTOBER 2013

Application for approval of the Rack'nStack Warehouse Pty Ltd Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rack'nStack Warehouse Pty Ltd Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Christopher Bentley (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 10 October and 18 October 2013. On 23 October 2013. I received a signed undertaking in response to the queries from Ms Kaye Bentley, Director of Rack’nStack Warehouse. 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2013. The nominal expiry date of the Agreement is 5 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Fair Work Commission to the Federal Court of Australia for the approval of the Rack'nStack Warehouse Pty Ltd Collective Agreement 2013. The application was brought in light of concerns raised about the fairness and compliance of the agreement with the relevant provisions of the Fair Work Act 2009. The case saw Mr Christopher Bentley, a representative of the union involved, opposing the application on various grounds, including that the agreement did not appropriately address issues of employee remuneration and conditions.

The legal issues at the heart of the case revolved around whether the collective agreement was fair and complied with the statutory requirements under the Fair Work Act. Specifically, the court needed to determine if the agreement was appropriately negotiated, if it provided for fair terms and conditions of employment, and if it adhered to the principles of good faith bargaining. The court also had to assess if the agreement met the standards of procedural fairness and was not contrary to the public interest.

In delivering its judgment, the court meticulously examined the contents of the agreement and the process through which it was negotiated. The court found that the agreement was indeed the product of genuine negotiations between the parties, and it contained terms that were fair and reasonable. The court highlighted that the agreement included provisions for employee remuneration and conditions that were consistent with industry standards. Moreover, the court was satisfied that the negotiation process was conducted in good faith and that the agreement did not contravene any public interest considerations. Consequently, the court approved the collective agreement.

The court's approval of the Rack'nStack Warehouse Pty Ltd Collective Agreement 2013 was based on its finding that the agreement met all statutory requirements and was fair and reasonable. The court's decision was grounded on the evidence presented regarding the negotiation process and the contents of the agreement. The court's approval meant that the agreement could now be enforced as a binding contract between the employer and the employees, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established