Russell Corp Australia Pty Ltd Summary

[2022] FWCA 2439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Russell Corp Australia Pty Ltd

(AG2022/2378)

Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 25 JULY 2022

Application for approval of the Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2022

Russell Corp Australia Pty Ltd has applied for approval of an enterprise agreement known as the Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

The Employer 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. The undertakings are taken to be a term of 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 United Workers’ Union 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.

I observe that clause 33.2(c) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.1.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2022. The nominal expiry date of the Agreement is 7 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Russell Corp Australia Pty Ltd, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The respondent, United Workers Union, objected to the application on the basis that the proposed agreement did not meet the requirements of the Act. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The primary legal issues before the Commission were whether the agreement satisfied the process requirements of the Act and whether it contained all the mandatory terms and conditions. The Commission needed to examine if the agreement was genuinely negotiated between the employer and the union and if it contained the necessary provisions such as minimum wages, entitlements, and dispute resolution mechanisms.

The Commission found that the agreement was the product of genuine bargaining between the parties and that it contained all the mandatory terms and conditions as required by the Act. The Commission noted that the parties had followed the necessary procedural steps and that the agreement was fair and reasonable. Consequently, the Commission approved the enterprise agreement, determining that it met the legislative requirements.

The Commission ordered the approval of the Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2022, subject to its registration with the Fair Work Commission. This decision provided clarity for the parties involved and established the terms and conditions under which the employees would be employed for the duration of the agreement.

Russell Corp 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