Ruralco Wool Pty Ltd Summary

[2017] FWCA 5028

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ruralco Wool Pty Ltd

(AG2017/4087)

Ruralco Wool Pty Ltd - National Union of Workers Enterprise Agreement 2017

Wool storage, sampling and testing industry
Commissioner Cirkovic	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the Ruralco Wool Pty Ltd - National Union of Workers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Ruralco Wool Pty Ltd - National Union of Workers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ruralco Wool Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The National Union of Workers 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.

The Agreement was approved on 27 September 2017 and, in accordance with s.54, will operate from 4 October 2017. The nominal expiry date of the Agreement is 6 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ruralco Wool Pty Ltd sought approval for their 2017 enterprise agreement with the National Union of Workers. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith.

The Commission examined the negotiation process, content of the agreement, and compliance with relevant legislative requirements. It considered whether the agreement adequately protected employees' rights, provided for fair remuneration, and included appropriate dispute resolution mechanisms. The Commission also assessed if the agreement was made without coercion or undue influence.

After thorough examination, the Commission found that the agreement met all necessary criteria for approval. It determined that the agreement provided fair and reasonable terms and conditions, was made in good faith, and did not unfairly discriminate against any party. The Commission approved the Ruralco Wool Pty Ltd - National Union of Workers Enterprise Agreement 2017. No further orders were made beyond the approval of the agreement.

Ruralco Wool Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established