Rosedale Leather Pty Ltd

[2014] FWCA 4628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rosedale Leather Pty Ltd
(AG2014/6596)

UNITED VOICE AND ROSEDALE LEATHER PTY LTD ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 JULY 2014

Application for approval of the United Voice and Rosedale Leather Pty Ltd Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the United Voice and Rosedale Leather Pty Ltd Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Rosedale Leather Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clauses 11.3, 18.1 and 42.2 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 16 July 2014.The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case of Rosedale Leather Pty Ltd involved an application for approval of the United Voice and Rosedale Leather Pty Ltd Enterprise Bargaining Agreement 2014. The dispute was heard by the Fair Work Commission (FWC). The matter pertained to the terms and conditions of employment between the employer, Rosedale Leather Pty Ltd, and the employees represented by United Voice, an industrial union. United Voice sought approval for a new enterprise bargaining agreement that outlined the wages, conditions, and other terms of employment for the workers.

The primary legal issues before the FWC were whether the proposed enterprise bargaining agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the requirements for good faith bargaining. Additionally, the FWC needed to assess if the agreement provided for the protection of employees' rights and interests, including provisions for minimum rates of pay, maximum hours of work, and other essential terms.

In its decision, the FWC examined the evidence and submissions from both parties. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment and that it met the criteria for good faith bargaining. The FWC also noted that the agreement included provisions that protected the rights and interests of employees, such as minimum rates of pay and maximum hours of work. Consequently, the FWC approved the United Voice and Rosedale Leather Pty Ltd Enterprise Bargaining Agreement 2014, finding it to be compliant with the Fair Work Act 2009. The decision was made in light of the evidence presented and the FWC's assessment of the agreement's provisions and their alignment with the legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established