Redcom Pty Ltd atf R & P Doyle Family Trust & 2 Mornings Pty Ltd atf Doyle Family Trust T/A Doyle’s Premium Ice Creams Summary

[2018] FWCA 974

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Redcom Pty Ltd atf R & P Doyle Family Trust & 2 Mornings Pty Ltd atf Doyle Family Trust T/A Doyle’s Premium Ice Creams

(AG2017/5542)

rmd eNTERPRISE AGREEMENT 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 14 FEBRUARY 2018

Application for approval of the RMD Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the RMD 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 Redcom Pty Ltd atf R& P Doyle Family Trust & 2 Mornings Pty Ltd atf Doyle Family Trust T/A Doyle’s Premium Ice Creams. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2018. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Redcom Pty Ltd, trading as Doyle’s Premium Ice Creams, and two of its employees who sought approval of the RMD Enterprise Agreement 2017. The dispute centred on whether the agreement met the criteria for registration under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained the mandatory provisions required by the Act and if it was made in good faith.

The primary legal issues revolved around whether the agreement met the formal requirements for registration, including the mandatory terms set out in section 234 of the Act, and whether it was made in accordance with the good faith bargaining obligations under section 228. The applicants argued that the agreement was the product of genuine bargaining and contained all necessary terms, while the employer contended that certain provisions did not comply with statutory requirements and that the process lacked good faith.

In its decision, the Commission found that while the agreement was largely in compliance with the mandatory terms, there were deficiencies that needed to be rectified. The Commission identified specific clauses that did not meet the statutory criteria and required amendments to meet the legal standards. Additionally, the Commission considered evidence of the bargaining process and concluded that there were instances where good faith bargaining was not observed. The Commission ordered that the agreement be returned to the parties for correction of the identified deficiencies and resubmission for approval.

The final orders required the parties to make the necessary amendments to the agreement to ensure it complied with the Fair Work Act and reflected genuine bargaining. Once the corrected agreement was resubmitted and approved by the Commission, it would be registered and binding on the employees and the employer. The decision underscored the importance of ensuring that enterprise agreements adhere to legislative requirements and are the product of a genuine bargaining process.

Redcom Pty Ltd atf R & P Doyle Family Trust & 2 Mornings Pty Ltd atf Doyle Family Trust T/A Doyle’s Premium Ice Creams

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established