Outlook (Vic) Inc.

[2018] FWCA 7401

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Outlook (Vic) Inc.

(AG2018/2565)

Outlook Recycling, Shop and Nursery Enterprise Bargaining Agreement 2017

Social, community, home care and disability services
Commissioner Gregory	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Outlook Recycling, Shop and Nursery Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Outlook Recycling, Shop and Nursery Enterprise Bargaining 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 Outlook (Vic) Inc. The Agreement is a single enterprise agreement.

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.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Outlook (Vic) Inc. was the applicant seeking approval of the Outlook Recycling, Shop and Nursery Enterprise Bargaining Agreement 2017. The application was heard in the Fair Work Commission (FWC). The dispute arose from negotiations between Outlook (Vic) Inc. and the Australian Manufacturing Workers' Union, aiming to establish a new enterprise bargaining agreement for employees working in recycling, shop, and nursery operations. The union contested certain aspects of the proposed agreement, prompting the application to the FFW to seek approval.

The central legal issues before the commission included whether the proposed agreement met the criteria for registration under the Fair Work Act 2009 and if it complied with the requirements for good faith bargaining and procedural fairness. Specifically, the union argued that the agreement did not adequately address employee entitlements and that the bargaining process had not been conducted in good faith.

The FWC evaluated the evidence and submissions from both parties. It found that the agreement generally met the criteria for registration and that the bargaining process, while not perfect, was conducted in good faith. The commission also noted that the agreement provided for fair and reasonable terms for the employees, taking into account the nature of the work and the business of the applicant. Consequently, the FWC approved the Outlook Recycling, Shop and Nursery Enterprise Bargaining Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established