DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Royal Foods Aust Pty Ltd T/A ROYALCDS
(AG2015/3820)

ROYALCDS BRUNSWICK ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JULY 2015

Application for approval of the ROYALCDS Brunswick Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ROYALCDS Brunswick Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Foods Aust Pty Ltd T/A ROYALCDS (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Royal Foods Australia Pty Ltd trading as ROYALCDS, the applicant sought approval from the Fair Work Commission of the ROYALCDS Brunswick Enterprise Agreement 2015. The application arose from the employer's desire to implement a new enterprise agreement, which it sought to have approved under the Fair Work Act 2009. The dispute involved the terms of the proposed agreement, which the applicant argued were fair and reasonable, while the respondents contended that certain provisions did not meet the requirements of the Act.

The primary legal issues before the court were whether the terms of the proposed agreement were fair and reasonable, and whether the agreement complied with the procedural requirements of the Fair Work Act. The court was required to consider whether the agreement provided for a fair and reasonable remuneration and conditions of employment, and whether the process for reaching the agreement was fair and appropriate. Additionally, the court needed to assess whether the agreement met the requirements for "better-off overall-test" under the Act, ensuring that employees were not worse off financially by the terms of the agreement.

The court examined the evidence and submissions from both parties, including the nature of the bargaining process, the terms of the proposed agreement, and the impact on the employees. The court found that the bargaining process was fair and appropriate, and that the proposed agreement provided for fair and reasonable remuneration and conditions of employment. The court also determined that the agreement met the "better-off overall-test" under the Act. Consequently, the court approved the ROYALCDS Brunswick Enterprise Agreement 2015. The court's decision was based on a comprehensive analysis of the evidence and the legal requirements of the Fair Work Act.

Royal Foods Aust Pty Ltd T/A ROYALCDS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established