DECISION

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

O&S Holdings (Vic) Pty Ltd T/A Oliver Footwear
(AG2017/6424)

O & S HOLDINGS (VIC) PTY LTD AND THE TCFUA ENTERPRISE AGREEMENT 2017

Clothing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 MAY 2018

Application for approval of the O & S Holdings (Vic) Pty Ltd and the TCFUA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the O & S Holdings (Vic) Pty Ltd and the TCFUA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O&S Holdings (Vic) Pty Ltd T/A Oliver Footwear. 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 Construction, Forestry, Maritime, Mining and Energy Union 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 24 May 2018 and, in accordance with s.54, will operate from 31 May 2018. The nominal expiry date of the Agreement is 31 January 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved O&S Holdings (Vic) Pty Ltd, trading as Oliver Footwear, and the Transport, Distribution and Food Industry Union of Australia (TCFUA). The dispute was regarding the approval of the Enterprise Agreement 2017. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, and if it contained terms and conditions of employment that complied with the statutory minimum standards. The court also had to consider whether the agreement was certified by the Fair Work Ombudsman as meeting the requirements of the Act.

The Fair Work Commission found that the Enterprise Agreement 2017 was a genuine enterprise agreement, as it was negotiated in good faith and contained terms and conditions of employment that complied with the statutory minimum standards. The Commission concluded that the agreement met the criteria for approval, and granted the application for approval. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been certified by the Fair Work Ombudsman as meeting the requirements of the Act.

As a result of the decision, the Enterprise Agreement 2017 was approved and registered with the Fair Work Commission. This decision provides guidance for employers and employees in the transport, distribution and food industry when negotiating and agreeing to enterprise agreements.

O&S Holdings (Vic) Pty Ltd T/A Oliver Footwear

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established