DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N.B. Little & Sons Pty Ltd T/A Little Industries
(AG2019/2220)

LITTLE INDUSTRIES EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 AUGUST 2019

Application for approval of the Little Industries Employees Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Little Industries Employees Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by N.B. Little & Sons Pty Ltd T/A Little Industries. The agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 1 August 2019 and, in accordance with s.54, will operate from 8 August 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved N.B. Little & Sons Pty Ltd, trading as Little Industries, which sought approval for the Little Industries Employees Enterprise Agreement 2019-2022. The dispute was heard by the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The company applied for the endorsement of the enterprise agreement, which detailed terms and conditions for its employees. The application was made under section 173 of the Fair Work Act 2009, which provides the legal framework for enterprise agreements in Australia. The specific issues before the Commission included whether the agreement complied with the procedural requirements of the Act, and if it met the "better off overall test" (BOOT), ensuring that employees were not worse off under the agreement than they would be without it.

The Commission examined the procedural validity of the agreement, considering if the necessary steps were followed in its formation, including the provision of relevant documents and the opportunity for employee consultation. Additionally, the Commission assessed the fairness of the agreement by comparing the terms of the proposed agreement against the applicable awards and the existing agreements. The focus was on whether the agreement provided employees with conditions that were at least as good as, or better than, those they would have under the relevant awards or agreements. The Commission reviewed the evidence presented by both the employer and the employees' representative, weighing their arguments and submissions.

After thorough examination, the Fair Work Commission found that the enterprise agreement complied with the procedural requirements of the Act. The Commission also determined that the agreement satisfied the BOOT, concluding that employees would not be worse off under the new agreement. Consequently, the Commission approved the Little Industries Employees Enterprise Agreement 2019-2022. This decision ensured that the agreement would now legally govern the employment terms between N.B. Little & Sons Pty Ltd and its employees for the specified period. The approval process affirmed the importance of balancing employer and employee interests while ensuring compliance with statutory requirements.

N.B. Little & Sons Pty Ltd T/A Little Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established