Resource Work Cooperative Society Ltd

[2014] FWCA 1105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Work Cooperative Society Ltd
(AG2013/10257)

RESOURCE WORK COOPERATIVE SOCIETY LIMITED, ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2014

Application for approval of the Resource Work Cooperative Society Ltd, Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Resource Work Cooperative Society Ltd, Enterprise Agreement 2013 (the Agreement). The application was made by Resource Work Cooperative Society Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 20 February 2014. The nominal expiry date of the Agreement is 26 November 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Resource Work Cooperative Society Ltd involved an application for the approval of an enterprise agreement. This agreement was made between the society and its employees. The application was brought before the Fair Work Commission, Australia's independent statutory body responsible for regulating the Australian workplace relations system. The society sought approval for an agreement that outlined terms and conditions for its employees, including wages, hours of work, and other employment-related matters.

The primary legal issue before the commission was whether the proposed enterprise agreement complied with the relevant legislative framework. Specifically, the commission needed to determine if the agreement met the requirements of the Fair Work Act 2009, which sets out the conditions under which enterprise agreements can be made, and if it ensured fairness and efficiency in the workplace. The commission also needed to assess whether the agreement was made in good faith and whether it provided for the proper negotiation process.

The Fair Work Commission, in its decision, carefully examined the provisions of the proposed agreement. The commission found that the agreement met the statutory requirements and was made in good faith. It was also noted that the negotiation process was appropriate and that the agreement provided for fair terms and conditions for the employees. The commission concluded that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. Consequently, the commission approved the Resource Work Cooperative Society Ltd, Enterprise Agreement 2013.

In summary, the Fair Work Commission approved the proposed enterprise agreement, finding it to be compliant with the Fair Work Act 2009 and conducive to promoting fair and efficient workplace relations. The decision highlights the importance of adhering to legislative requirements and ensuring good faith in the negotiation and formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established