Retail Ready Operations Australia Pty Ltd Summary

[2022] FWCA 3204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Retail Ready Operations Australia Pty Ltd

(AG2022/3644)

Retail Ready Operations Production Technicians Agreement 2022

Meat Industry
DEPUTY PRESIDENT EASTON	SYDNEY, 14 SEPTEMBER 2022

Application for approval of the Retail Ready Operations Production Technicians Agreement 2022.

Retail Ready Operations Australia Pty Ltd (the Employer) has made an application for the approval of the Retail Ready Operations Production Technicians Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 14 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Retail Ready Operations Australia Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Retail Ready Operations Production Technicians Agreement 2022. The dispute arose from a disagreement between the company and the Retail and Fast Food Workers Union of Victoria, the registered union representing the employees in question. The core of the disagreement involved the terms and conditions outlined in the proposed agreement, which the union contested on behalf of its members. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for terms and conditions that were no worse off and, where possible, better off than the applicable award or safety net award. Additionally, the Commission had to assess whether the agreement was fairly negotiated and if it contained adequate provisions for the protection of employees' rights. The company argued that the agreement was necessary to keep pace with the evolving retail environment, while the union contended that it undermined the existing protections afforded to employees.

The Fair Work Commission carefully considered the arguments presented by both parties. The Commission noted that the agreement contained provisions that were consistent with the Fair Work Act's requirements, including adequate wage rates and conditions of employment. The Commission found that the proposed agreement provided for terms and conditions that were no worse off and, in certain respects, better off than the applicable award. The Commission also concluded that the agreement had been fairly negotiated and contained sufficient protections for employees. Consequently, the Commission approved the Retail Ready Operations Production Technicians Agreement 2022.

In summary, the Fair Work Commission approved the Retail Ready Operations Production Technicians Agreement 2022, finding that it met the necessary criteria under the Fair Work Act. The agreement provides for terms and conditions that are no worse off and, in some instances, better off than the applicable award, and it includes adequate protections for employees. This decision ensures that the agreement can be implemented, providing clarity and certainty for both the company and its employees.

Retail Ready Operations Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established