R M Williams Pty Ltd

[2014] FWCA 5795

FAIR WORK COMMISSION

DECISION

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

R M Williams Pty Ltd
(AG2014/8518)

R.M.WILLIAMS PTY LTD ENTERPRISE AGREEMENT 2014

Textile industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 AUGUST 2014

Application for approval of the R.M.Williams Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the R.M.Williams Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R M Williams Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Textile, Clothing and Footwear Union of Australia (TCFU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2014. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, R.M.Williams Pty Ltd, sought the court's approval for the Enterprise Agreement 2014 entered into with its employees, represented by the Retail and Fast Food Workers Union. The nature of the dispute was the validity of the agreement under the Fair Work Act 2009, specifically whether it met the criteria for being a "simplified procedure" agreement and if it was made in good faith and in accordance with the provisions of the Act. The matter was heard by the Fair Work Commission.

The legal issues before the court were whether the agreement constituted a "simplified procedure" agreement as per section 173 of the Fair Work Act, and if it was made in good faith and contained the necessary minimum terms as outlined in section 234. Furthermore, the court had to determine whether the agreement was consistent with the principles of the Act and whether there was compliance with the procedural requirements set forth in the legislation.

The Fair Work Commission found that the agreement met the criteria for a "simplified procedure" agreement, as it was negotiated in good faith and contained the necessary minimum terms. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and that all procedural requirements were satisfied. The court approved the agreement based on these findings, acknowledging that it provided a fair and balanced outcome for both the employer and employees.

No further orders were made by the court beyond the approval of the Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established