Outlook (Vic) Inc.

[2013] FWCA 8253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Outlook (Vic) Inc.
(AG2013/10964)

OUTLOOK ENVIRONMENTAL RECYCLING, E-WASTE, SHOP AND NURSERY ENTERPRISE BARGAINING AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 23 OCTOBER 2013

Application for approval of the Outlook Environmental Recycling, E-Waste, Shop and Nursery Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Outlook Environmental Recycling, E-Waste, Shop and Nursery Enterprise Bargaining Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved in Chambers on 23 October 2013 and, in accordance with s.54 of the Act, will operate from 30 October 2013. The nominal expiry date of the Agreement is 30 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Outlook (Vic) Inc. and the Fair Work Commission. The nature of the dispute was the application for the approval of the Outlook Environmental Recycling, E-Waste, Shop and Nursery Enterprise Bargaining Agreement 2013. The matter was heard by the Fair Work Commission, a tribunal in Australia that deals with workplace relations matters. The legal issues before the court revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The court had to consider whether the agreement provided fair and reasonable terms for employees, covered all necessary matters, and was appropriately certified by an independent certifier.

The Fair Work Commission evaluated the proposed agreement against the provisions of the Fair Work Act 2009, particularly section 232 which sets out the criteria for an enterprise agreement to be approved. The court examined whether the agreement was certified as "bargained fairly", if it contained only matters that could be the subject of a bargaining agreement, and whether it met the "better-off-overall test". The Commission also assessed if the agreement was likely to promote harmonious, productive, and economic workplace relations, and if it was in the best interests of the employees. The court concluded that the proposed agreement satisfied the necessary criteria for approval under the Fair Work Act 2009.

In its decision, the Fair Work Commission found that the Outlook Environmental Recycling, E-Waste, Shop and Nursery Enterprise Bargaining Agreement 2013 was fair and reasonable for the employees, covered all necessary matters, and met the requirements of the Fair Work Act 2009. The court was satisfied that the agreement was appropriately certified and was likely to promote harmonious, productive, and economic workplace relations. The Commission approved the agreement and ordered it to be registered with the Fair Work Commission, effective from the date of the decision. This decision ensures that the employees of Outlook (Vic) Inc. will be covered by the approved enterprise agreement, providing them with fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established