Puma Australia Pty Ltd

[2022] FWCA 3980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Puma Australia Pty Ltd

(AG2022/4527)

Puma Australia and Workers Collective Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 NOVEMBER 2022

Application for approval of the Puma Australia and Workers Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Puma Australia and Workers Collective Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 13 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Puma Australia Pty Ltd, the Fair Work Commission (FWC) was asked to approve the Puma Australia and Workers Collective Enterprise Agreement 2022. The agreement was entered into between Puma Australia Pty Ltd, the employer, and the Retail and Fast Food Workers Union of Australia, representing the employees. The dispute arose when the employer contested the agreement's validity and sought the FWC's intervention to ensure that the agreement complied with the Fair Work Act 2009 (Cth).

The legal issues before the FWC were whether the agreement was genuinely a bargain between the parties, whether it met the requirements of a valid enterprise agreement under the Fair Work Act, and whether it complied with the FWC's enterprise agreement standards. The employer raised concerns about the agreement's provisions, particularly those related to pay rates and conditions, arguing they were not negotiated in good faith and did not meet the "better off overall test." The union, on the other hand, maintained that the agreement was the result of genuine negotiations and was in the best interests of the employees.

The FWC considered the evidence provided by both parties and examined the terms of the agreement. The Commission found that the agreement was genuinely negotiated between the parties, and the provisions met the requirements of a valid enterprise agreement. The FWC also determined that the agreement complied with the enterprise agreement standards and that the employees would be better off overall with the agreement. The Commission noted the union's commitment to ensuring fair and reasonable outcomes for the employees and found that the agreement achieved this objective.

The FWC approved the Puma Australia and Workers Collective Enterprise Agreement 2022, recognising it as a valid and legally binding agreement between the employer and the employees. The decision affirmed the importance of genuine negotiations and the application of the better off overall test in the formation of enterprise agreements. The FWC's approval ensures that the agreement will govern the employment conditions of the employees, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established