DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R. M.Williams Pty Ltd T/A R. M.Williams
(AG2018/650)

R.M.WILLIAMS PTY LTD ENTERPRISE AGREEMENT 2017

Clothing industry
COMMISSIONER MCKINNON	MELBOURNE, 16 MAY 2018

Application for approval of the R.M. Williams Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the R.M. Williams Pty Ltd Enterprise 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 R.M.Williams Pty Ltd T/A R.M.Williams. 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] 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved R.M. Williams Pty Ltd, trading as R.M. Williams, and its employees represented by the Retail and Fast Food Workers Union of Victoria, Office and Retail Division. The dispute centred around the application for approval of the R.M. Williams Pty Ltd Enterprise Agreement 2017. The case was heard in the Fair Work Commission, which has the jurisdiction to approve, register, and give effect to enterprise agreements under the Fair Work Act 2009.

The legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act, particularly sections relating to the process of bargaining and the content of the agreement. Key points included whether the agreement was genuinely negotiated, whether it was made in good faith, and if it met the requirements for registration under the Act. The court also needed to determine if the agreement was free from any unlawful content and if it provided for the proper operation of the enterprise.

The Fair Work Commission considered the evidence and submissions from both parties. The Commission noted that the agreement was the result of genuine bargaining and was made in good faith. The Commission found that the agreement was fair and reasonable, taking into account the nature of the enterprise and the parties' respective positions. The Commission was satisfied that the agreement complied with all statutory requirements and did not contain any unlawful content. Consequently, the Commission approved the R.M. Williams Pty Ltd Enterprise Agreement 2017, and it was registered and given effect under the Fair Work Act.

As a result of the decision, the Fair Work Commission approved the enterprise agreement, which now governs the employment conditions of the relevant employees within the R.M. Williams Pty Ltd enterprise. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the relationship between the employer and employees.

R. M.Williams Pty Ltd T/A R. M.Williams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established