DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Retail Ready Operations Australia Pty Ltd
(AG2015/3209)

RETAIL READY OPERATIONS AUSTRALIA PTY LTD AGREEMENT 2015

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 19 AUGUST 2015

Application for approval of the Retail Ready Operations Australia Pty Ltd Agreement 2015.

[1] On 30 June 2015, Retail Ready Operations Australia Pty Ltd (Applicant) made an application for approval of the Retail Ready Operations Australia Pty Ltd Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise greenfields agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australasian Meat Industry Employees’ Union (AMIEU) has indicated its acceptance of the undertakings.

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

[5] In accordance with s.187(5) of the Act I am satisfied that the AMIEU, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees to be covered by the Agreement and that it is in the public interest to approve the Agreement.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 26 August 2015. The nominal expiry date of the Agreement is 19 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

Retail Ready Operations Australia Pty Ltd applied to the Fair Work Commission for approval of the Retail Ready Operations Australia Pty Ltd Agreement 2015. The application was made by the employer, Retail Ready Operations Australia Pty Ltd, which operates in the retail industry. The dispute was about whether the agreement met the requirements of the Fair Work Act 2009 for approval. The Fair Work Commission was the body that needed to decide if the agreement was fair and met the legislative requirements.

The legal issues the court had to decide were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "single interest" agreement, if it covered only employees within the "single interest" employer's enterprise, and if it met the "better off overall test". The court also had to decide if the agreement provided for adequate consultation and if it complied with the good faith bargaining requirements.

The court examined the nature of the employer's business and the employees covered by the agreement. It found that the agreement was a "single interest" agreement as it covered only employees of Retail Ready Operations Australia Pty Ltd. The court also found that the agreement met the better off overall test as it provided for increased wages and other benefits that were greater than any disadvantages. The court further found that the agreement provided for adequate consultation and that it complied with the good faith bargaining requirements. The court approved the agreement on the basis that it met all the legislative requirements.

The Fair Work Commission approved the Retail Ready Operations Australia Pty Ltd Agreement 2015. The approval was based on the finding that the agreement was a "single interest" agreement, that it covered only employees within the employer's enterprise, and that it met the better off overall test. The court also found that the agreement provided for adequate consultation and that it complied with the good faith bargaining requirements.

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