DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Corporation Australia Pty Ltd
(AG2020/819)

RUSSELL CORP AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 6 APRIL 2020

Application for approval of the Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Russell Corp Australia Pty Ltd and United Workers Union Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russell Corporation Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Russell Corporation Australia Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The United Workers Union (UWU), 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) and based on the statutory declaration provided by the UWU, I note that the Agreement covers the UWU.

[5] The Agreement is approved and, in accordance with s.54, will operate from 13 April 2020. The nominal expiry date of the Agreement is 7 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Russell Corporation Australia Pty Ltd, the company sought approval for the Enterprise Agreement with the United Workers Union for the year 2020. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal requirements under the Fair Work Act 2009. The dispute centred around whether the agreement appropriately balanced the interests of the employees and the employer while adhering to the provisions of the Act.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms, including appropriate minimum wages and conditions, and whether it complied with the procedural requirements for the making of an enterprise agreement. Specifically, the Commission had to consider whether the agreement was genuinely negotiated and whether it met the good faith bargaining requirements set out in the legislation.

The Fair Work Commission found that the agreement did indeed meet the legal requirements. The Commission was satisfied that the agreement was the result of genuine and good faith negotiations between the parties. Furthermore, the terms of the agreement were deemed to be fair and reasonable, providing adequate protections for the employees while also considering the operational needs of the employer. The Commission approved the Enterprise Agreement, noting that it adequately balanced the interests of both parties and complied with all necessary statutory requirements.

The Commission's decision resulted in the approval of the Enterprise Agreement, which now legally binds both the Russell Corporation Australia Pty Ltd and the United Workers Union. The agreement sets forth the terms and conditions of employment for the relevant employees, and it will govern their relationship with the employer for the duration specified in the agreement.

Russell Corporation 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