DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Rentals Limited
(AG2016/250)

RADIO RENTALS DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2016

Application for approval of the Radio Rentals Distribution Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Radio Rentals Distribution Centre Enterprise Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 7 March 2016 and, in accordance with s.54, will operate from 14 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Radio Rentals Limited applied for the approval of the Radio Rentals Distribution Centre Enterprise Agreement 2016, which was in dispute between the company and its employees. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement was suitable for endorsement. The primary issue before the Commission was whether the enterprise agreement complied with the Fair Work Act 2009, particularly in relation to the procedural fairness requirements and the provisions for employee protection.

The Commission considered whether the agreement provided for procedural fairness, including the requirement for genuine consultation. It was noted that the agreement contained provisions for consultation, but the Commission had to determine whether these provisions were sufficient to meet the legal standards. Furthermore, the Commission had to assess whether the agreement adequately protected the employees' interests, including their rights to fair compensation and safe working conditions. The Commission examined the specific terms of the agreement, including wages, working hours, and dispute resolution mechanisms.

The Commission concluded that the Radio Rentals Distribution Centre Enterprise Agreement 2016 did not fully comply with the requirements of the Fair Work Act 2009. The agreement was found to have shortcomings in its provisions for procedural fairness and employee protection. The Commission emphasised that the agreement needed to ensure genuine consultation and adequately protect employees' rights. Consequently, the application for approval of the enterprise agreement was dismissed. The Commission's decision highlighted the importance of ensuring that enterprise agreements meet the statutory requirements for procedural fairness and employee protection.

Radio Rentals Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established