DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ocean Connections International Pty Ltd
(AG2015/2343)

THE GLENGARRY IGA AGREEMENT 2015

Retail industry
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2015

Application for approval of The Glengarry IGA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Glengarry IGA Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ocean Connections International 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 April 2015 and, in accordance with s.54, will operate from 24 April 2015. The nominal expiry date of the Agreement is 16 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ocean Connections International Pty Ltd was involved in an application for approval of The Glengarry IGA Agreement 2015. This application was brought before the Fair Work Commission. The nature of the dispute revolved around whether the agreement, which was intended to cover employees working at the Glengarry IGA, complied with the requirements set forth in the Fair Work Act 2009. Specifically, the application sought to ascertain whether the agreement met the necessary criteria for being a simple, streamlined, and fair agreement under the legislative framework.

The legal issues before the court were primarily centred on the interpretation and application of the Fair Work Act 2009. The primary concern was whether the agreement met the statutory prerequisites for approval, including the provision of minimum entitlements and the avoidance of detrimental terms. The applicant, Ocean Connections International Pty Ltd, argued that the agreement was a bona fide attempt to create a streamlined workplace agreement that complied with the Act. Conversely, the respondent argued that certain provisions of the agreement fell short of the legislative standards, thus invalidating the agreement.

The Fair Work Commission undertook a detailed analysis of the agreement, examining each clause to determine its compliance with the Fair Work Act 2009. The Commission found that while the agreement aimed to provide a simplified framework for workplace relations, several provisions did not align with the statutory requirements. Specifically, certain terms regarding employee entitlements and dispute resolution mechanisms were deemed insufficient. After careful consideration, the Commission concluded that the agreement did not meet the necessary standards for approval. Consequently, the application for approval of The Glengarry IGA Agreement 2015 was dismissed.

Ocean Connections International 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