DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Corp Australia Pty Ltd
(AG2016/7773)

RUSSELL CORP AUSTRALIA PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russell Corp Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2017. The nominal expiry date of the Agreement is 7 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers sought approval of the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2016. The application for approval was contested by Russell Corp Australia Pty Ltd, which argued that the agreement failed to meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement contained all the mandatory terms required by the Act, and if it provided for the proper registration and protection of the agreement. Specifically, the applicant needed to demonstrate that the agreement was fairly negotiated, and that it did not contain any terms that would have an adverse effect on employees' health and safety.

The Commission found that the agreement did contain all the mandatory terms required by the Act. The applicant had provided evidence of the negotiation process, and the Commission was satisfied that the agreement had been fairly negotiated. Furthermore, the agreement contained appropriate provisions for the protection of employees' health and safety. The Commission was also satisfied that the agreement did not contain any terms that would have an adverse effect on employees' health and safety. Accordingly, the Commission approved the enterprise agreement.

The Commission ordered that the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2016 be approved as a registered agreement under the Act. The agreement was to be registered on the Register of Approved Agreements, and would be in effect from the date of the Commission's decision. The applicant was also ordered to take all necessary steps to give effect to the agreement, including providing a copy of the agreement to all relevant parties.

Russell Corp Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established