Russell Corp Australia Pty Ltd

[2025] FWCA 2241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Russell Corp Australia Pty Ltd

(AG2025/1990)

RUSSELL CORP AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER PERICA	MELBOURNE, 8 JULY 2025

Application for approval of the Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 11 June 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The United Workers Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 8 July 2025. It will operate from 15 July 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the enterprise agreement between Russell Corp Australia Pty Ltd and the United Workers Union for the period 2025. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The applicant, Russell Corp Australia Pty Ltd, sought the approval of the proposed agreement which outlines the terms and conditions of employment for its employees represented by the United Workers Union. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to ensure that the agreement met the mandatory requirements for good faith bargaining, did not discriminate against any employee or class of employees, and did not have any terms that were contrary to public policy. The Commission also had to consider if the agreement provided for a fair and efficient resolution of workplace disputes.

The Fair Work Commission found that the enterprise agreement satisfied all the statutory requirements for approval. The Commission confirmed that the agreement was the product of good faith bargaining and did not contain any discriminatory terms. Furthermore, it was determined that all provisions of the agreement were consistent with public policy and provided for an effective mechanism for resolving workplace disputes. As a result, the Commission approved the enterprise agreement, ensuring that it would now form the basis of the employment conditions for the employees of Russell Corp Australia Pty Ltd.

The Fair Work Commission approved the enterprise agreement between Russell Corp Australia Pty Ltd and the United Workers Union for the period 2025. This decision ensures that the terms and conditions of employment for the employees represented by the United Workers Union will be governed by the agreed-upon provisions. The Commission's approval of the agreement provides certainty and stability for both the employer and the employees in the years to come.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established