DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Retail Ready Operations Australia Pty Ltd
(AG2016/5240)

RETAIL READY OPERATIONS AUSTRALIA PTY LTD PRODUCTION TECHNICIANS AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Retail Ready Operations Australia Pty Ltd Production Technicians Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Retail Ready Operations Australia Pty Ltd Production Technicians 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 Retail Ready Operations Australia Pty Ltd. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Retail Ready Operations Australia Pty Ltd to have the Retail Ready Operations Australia Pty Ltd Production Technicians Agreement 2016 approved as a safety net agreement under the Fair Work Act 2009. The applicant sought to have the agreement registered as a safety net agreement to provide for the terms and conditions of employment for production technicians within its business. The legal issues that the court was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and reasonable safety net of terms and conditions, and whether the agreement was made in good faith and not under duress or coercion.

The court found that the agreement met the requirements of the Fair Work Act 2009 and was made in good faith. The court noted that the agreement provided for a safety net of terms and conditions that were fair and reasonable, and that the agreement was not made under duress or coercion. The court also found that the agreement was consistent with the principles of the Fair Work Act 2009 and provided for a fair and reasonable set of terms and conditions for production technicians. The court approved the agreement as a safety net agreement under the Fair Work Act 2009.

The court ordered that the Retail Ready Operations Australia Pty Ltd Production Technicians Agreement 2016 be registered as a safety net agreement under the Fair Work Act 2009. The court found that the agreement provided for a fair and reasonable safety net of terms and conditions for production technicians, and that it was made in good faith. The court also noted that the agreement was consistent with the principles of the Fair Work Act 2009 and provided for a fair and reasonable set of terms and conditions for production technicians.

Retail Ready Operations 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