Russell Corp. Australia Pty Ltd

[2013] FWCA 10214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Corp. Australia Pty Ltd
(AG2013/10547)

RUSSELL CORP AUSTRALIA PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made by Russell Corp. Australia Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) 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 31 December 2013. The nominal expiry date of the Agreement is 30 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2013. Russell Corp Australia Pty Ltd is an employer and the National Union of Workers is an employee representative organisation. The dispute centred on whether the terms of the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to decide if the agreement was "better off overall" for the employees, whether it allowed for genuine bargaining, and if it contained provisions that were contrary to public policy or unfair.

The key legal issues were whether the agreement provided a safety net for the employees, whether it was genuinely bargained, and if it contained provisions that were contrary to public policy. The Commission considered the "better off overall" test to determine if the agreement provided a net benefit to the employees, taking into account wages, conditions, and other benefits. It also examined if there was genuine bargaining between the parties and if the agreement was not the result of coercion or undue influence. Finally, the Commission assessed whether any provisions in the agreement were contrary to public policy or unfair, such as provisions that undermined health and safety or imposed excessive penalties.

After considering the evidence and submissions from both parties, the Commission concluded that the agreement met the "better off overall" test and allowed for genuine bargaining. The Commission found that the agreement provided benefits to the employees, including improved wages, conditions, and other benefits. It also found that the agreement was the result of genuine bargaining between the parties, without any evidence of coercion or undue influence. Finally, the Commission found that the agreement did not contain any provisions that were contrary to public policy or unfair. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Russell Corp Australia Pty Ltd & National Union of Workers Enterprise Agreement 2013. The Commission found that the agreement met the "better off overall" test and allowed for genuine bargaining. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or unfair. The agreement was approved as it provided benefits to the employees and was the result of genuine bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established