DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Rentals Limited T/A Radio Rentals
(AG2019/1130)

RADIO RENTALS DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

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DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the Radio Rentals Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Radio Rentals Distribution Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Radio Rentals Limited T/A Radio Rentals. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Radio Rentals Limited T/A Radio Rentals, a company operating in the business of renting consumer electronics, sought approval from the Fair Work Commission for the Radio Rentals Distribution Centre Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for workers employed at the company's distribution centres, with the applicant seeking to have the agreement registered as a lawful enterprise agreement. The legal issues before the court encompassed whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it contained the mandated minimum terms and conditions, and whether the agreement was made in good faith and covered the requisite period.

The court examined the submissions from both parties and the relevant provisions of the Fair Work Act 2009. It found that the agreement contained the minimum terms and conditions as required by the legislation. Additionally, the court was satisfied that the agreement had been made in good faith and covered the requisite period. The applicant had provided evidence of the consultation process undertaken with employees and their representatives, which demonstrated compliance with the good faith requirement. The court was also satisfied that the agreement did not contain any terms that were less favourable than the applicable awards or the general safety provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Radio Rentals Distribution Centre Enterprise Agreement 2019, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement was registered as a lawful enterprise agreement, providing a framework for the terms and conditions of employment for workers at the distribution centres. The decision highlights the importance of meeting the statutory requirements for enterprise agreements, including the provision of minimum terms and conditions, the demonstration of good faith in the negotiation process, and the appropriate coverage period.

Radio Rentals Limited T/A Radio Rentals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established