Radio Rentals Limited; Walker Stores Pty Ltd Summary

[2014] FWCA 3313

FAIR WORK COMMISSION

DECISION

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

Radio Rentals Limited; Walker Stores Pty Ltd
(AG2014/1079)

RADIO RENTALS LIMITED AND WALKER STORES PTY LTD CLERICAL AND INVENTORY CONTROLLERS ENTERPRISE AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 19 MAY 2014

Application for approval of the Radio Rentals Limited and Walker Stores Pty Ltd Clerical and Inventory Controllers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Radio Rentals Limited and Walker Stores Pty Ltd Clerical and Inventory Controllers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] The Agreement covers those employees who are engaged under the classification structure provided for at Schedule 2 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

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

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 26 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Radio Rentals Limited and Walker Stores Pty Ltd applied to the Fair Work Commission for approval of the Radio Rentals Limited and Walker Stores Pty Ltd Clerical and Inventory Controllers Enterprise Agreement 2014. The dispute arose out of the application for approval of a new enterprise agreement, which was to replace the existing Radio Rentals Limited and Walker Stores Pty Ltd Enterprise Agreement 2012. The parties involved in the dispute were the employer, Radio Rentals Limited and Walker Stores Pty Ltd, and the union, the Shop, Distributive and Allied Employees’ Association (SDA). The union sought approval for the new agreement, while the employer raised objections, particularly regarding the changes to the leave provisions.

The central legal issues before the commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009 and if the leave provisions in the agreement were reasonable. The employer contested the leave provisions, arguing that they were not consistent with the enterprise’s operational needs and were overly generous compared to other similar agreements. The union, on the other hand, contended that the changes were necessary to meet the needs of their members and were in line with industry standards.

In considering the application, the commission evaluated the proposed agreement against the criteria set out in the Fair Work Act 2009. The commission found that the proposed agreement met the requirements for approval, as it contained all the necessary provisions and was free from any unfair content. The commission also considered the leave provisions and concluded that they were reasonable and in line with other similar agreements in the industry. The commission noted that the proposed agreement provided for a balanced approach to leave entitlements, taking into account both the needs of the employees and the operational requirements of the enterprise.

The commission approved the Radio Rentals Limited and Walker Stores Pty Ltd Clerical and Inventory Controllers Enterprise Agreement 2014. The new agreement was to commence on 1 March 2015, replacing the existing agreement. The decision of the commission was binding on both parties, and the new agreement became the governing industrial instrument for the employees covered by the agreement.

Radio Rentals Limited; Walker Stores Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established