DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Random House Australia Pty Ltd
(AG2015/1453)

RANDOM HOUSE AUSTRALIA DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 22 JUNE 2015

Application for approval of the Random House Australia Distribution Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Random House Australia Distribution Centre Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Random House Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Random House Australia Pty Ltd applied for the approval of the Random House Australia Distribution Centre Enterprise Agreement 2015. The applicant is a major publisher and the respondent is the Australian Book Publishers Association. The dispute arises from the need to approve a new enterprise agreement under the Fair Work Act 2009, which governs employment conditions in Australia. The Fair Work Commission is the tribunal that handles such applications.

The central legal issue before the court was whether the proposed enterprise agreement met the 'better off overall test' as required by section 230 of the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The court also needed to consider whether the agreement complied with the 'good faith' bargaining requirements and other statutory provisions.

The court examined the details of the proposed agreement, including wages, conditions, and other employment terms. It found that the agreement was fair and reasonable, meeting the 'better off overall test'. The court highlighted that the agreement provided for fair compensation and improved conditions for employees, while also considering the financial viability of the company. The court also noted that the bargaining process was conducted in good faith and that all necessary stakeholders were involved.

The court approved the Random House Australia Distribution Centre Enterprise Agreement 2015, finding that it met all the statutory requirements under the Fair Work Act. The decision was based on a thorough analysis of the agreement's provisions and the evidence provided during the hearing. The court's approval ensures that the new agreement will come into effect, providing updated terms and conditions for the employees involved.

Random House Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established