DECISION

Fair Work Act 2009
s.185—Enterprise agreement

No1 Riverside Quay Pty Ltd
(AG2016/7676)

NO1 RIVERSIDE QUAY AND CENTREL NATIONAL ENTERPRISE AGREEMENT 2016-2020

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 23 FEBRUARY 2017

Application for approval of the No1 Riverside Quay and Centrel National Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the No1 Riverside Quay and Centrel National Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by No1 Riverside Quay Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. 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.

[4] The Shop, Distributive and Allied Employees Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 February 2017 and, in accordance with s.54, will operate from 2 March 2017. The nominal expiry date of the Agreement is 22 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of No1 Riverside Quay Pty Ltd involved a dispute over the approval of an enterprise agreement. The applicant, No1 Riverside Quay Pty Ltd, sought approval for the No1 Riverside Quay and Centrel National Enterprise Agreement 2016-2020. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The legal issues that the Commission had to decide included whether the agreement complied with the procedural requirements and whether it contained all the necessary minimum entitlements as stipulated by the Act.

The Fair Work Commission examined the fairness and procedural compliance of the agreement, including whether it had been genuinely negotiated and whether the necessary procedures had been followed. The Commission also assessed whether the agreement provided for minimum entitlements such as wages, hours of work, and other conditions as required by the Fair Work Act. The Commission found that the agreement was genuinely negotiated and that the necessary procedures had been followed. The agreement was also found to provide for all the necessary minimum entitlements.

Following its assessment, the Fair Work Commission approved the No1 Riverside Quay and Centrel National Enterprise Agreement 2016-2020. The Commission concluded that the agreement was fair and met all the necessary requirements under the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are regulated and protected. The final orders of the Commission were that the agreement be approved as a registered agreement.

No1 Riverside Quay Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established