DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Rentals Limited T/A Radio Rentals
(AG2017/340)

RADIO RENTALS LIMITED CLERICAL AND INVENTORY CONTROLLERS ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2017

Application for approval of the Radio Rentals Limited Clerical and Inventory Controllers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Radio Rentals Limited Clerical and Inventory Controllers 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 Radio Rentals Limited T/A Radio Rentals. 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] The National Union of Workers and the Australian Municipal, Administrative, Clerical and Services Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

Radio Rentals Limited, trading as Radio Rentals, applied for approval of the Radio Rentals Limited Clerical and Inventory Controllers Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for clerical and inventory controllers within the company. The primary legal issue before the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Fair Work Commission assessed the agreement based on various statutory criteria, including whether the agreement promoted high levels of enterprise bargaining, encouraged flexible work arrangements, and provided for the protection of employees' rights and interests. The Commission also examined the bargaining process to ensure it was conducted in good faith and without coercion. The agreement included provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission determined that the agreement was made in good faith and was in the best interests of the employees, considering the overall fairness and benefits provided.

The Commission approved the Radio Rentals Limited Clerical and Inventory Controllers Enterprise Agreement 2017, finding that it met the statutory requirements and was fair and reasonable. The decision was based on the comprehensive review of the agreement's provisions and the assurance that the agreement was reached through a genuine bargaining process. The approval of the agreement ensures that the terms and conditions of employment for the clerical and inventory controllers are legally recognised and enforceable.

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