FAIR WORK COMMISSION

DECISION

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

The Smith Family
(AG2015/4535)

THE SMITH FAMILY (VILLAWOOD SITE) ENTERPRISE AGREEMENT 2015

Clothing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 AUGUST 2015

Application for approval of The Smith Family (Villawood Site) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Smith Family (Villawood Site) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Textile Clothing and Footwear Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 28 August 2015.The nominal expiry date of the Agreement is 28 August 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, R and G Jordan Transport Pty Ltd, sought approval for The Smith Family (Villawood Site) Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which is tasked with approving and monitoring enterprise agreements to ensure they comply with the Fair Work Act 2009. The dispute centred on the specific provisions of the agreement, particularly those relating to wages, hours of work, and other terms and conditions of employment.

The legal issues before the Commission involved determining whether the agreement met the "better off overall test" as stipulated by the Fair Work Act, which requires that employees under the agreement be no worse off financially and have at least the same conditions as those provided under the relevant awards or agreements. The Commission had to assess whether the agreement contained any provisions that were potentially detrimental to the employees and whether any such provisions were outweighed by other benefits to the employees.

The Commission found that the agreement satisfied the better off overall test. The applicants had demonstrated that the agreement provided employees with better pay and conditions than what was available under the relevant awards. The Commission also considered the provisions relating to the employees' working hours, rest breaks, and overtime, concluding that these provisions were reasonable and provided adequate protections for the employees. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and that the employees had been adequately informed about the terms of the agreement.

As a result of the findings, the Fair Work Commission approved the Smith Family (Villawood Site) Enterprise Agreement 2015. This approval means that the agreement is now legally binding on both the applicants and their employees, and it supersedes any conflicting terms in the relevant awards or previous agreements. The decision underscores the importance of ensuring that enterprise agreements provide genuine benefits to employees and comply with the statutory requirements set out in the Fair Work Act.

R and G Jordan Transport 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