Resero Pty Ltd T/A Resero

[2022] FWCA 648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Resero Pty Ltd T/A Resero

(AG2022/179)

2022 RESERO PTY LTD EMPLOYEE ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 23 FEBRUARY 2022

Application for approval of the 2022 Resero Pty Ltd. Employee Enterprise Agreement

Resero Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the 2022 Resero Pty Ltd Employee Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Manufacturing Workers Union (the AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resero Pty Ltd, trading as Resero, applied to the Fair Work Commission for approval of the 2022 Resero Pty Ltd. Employee Enterprise Agreement. The application arose because the Fair Work Ombudsman alleged that the agreement did not comply with the relevant legislative provisions. The matter was heard by the Commission in the Federal Circuit and Family Court of Australia.

The central issue before the court was whether the agreement met the statutory requirements for approval. This involved scrutiny of various provisions to ensure they were consistent with the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the procedural requirements and whether it contained necessary provisions such as minimum rates of pay, classification of employees, and other conditions of employment.

The Commission found that the agreement substantially complied with the requirements of the Act. While there were minor procedural errors in the certification process, these did not materially affect the agreement's compliance. The court was satisfied that all necessary provisions were included, and the agreement provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, notwithstanding the minor procedural issues.

No specific orders were made beyond the approval of the enterprise agreement as presented. The court's decision affirmed the agreement's validity and permitted it to come into effect as negotiated between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established