Ryco Group Pty Ltd

[2024] FWCA 1863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ryco Group Pty Ltd

(AG2024/1530)

RYCO GROUP PTY LTD STORES AND DISTRIBUTION AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER ALLISON	MELBOURNE, 22 MAY 2024

Application for approval of the Ryco Group Pty Ltd Stores and Distribution and United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ryco Group Pty Ltd Stores and Distribution and United Workers Union Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ryco Group Pty Ltd. The Agreement is a single enterprise agreement.

I note that the agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Ryco Group Pty Ltd Stores and Distribution Enterprise Agreement 2024” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

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.

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 United Workers’ Union.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ryco Group Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement between the company and the United Workers Union. The proposed agreement, titled the Ryco Group Pty Ltd Stores and Distribution and United Workers Union Enterprise Agreement 2024, was intended to govern the terms and conditions of employment for certain employees of Ryco. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the modern award terms and conditions, whether it contained the mandatory terms specified in section 234 of the Act, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission needed to assess whether the agreement was free of any provisions that would result in the dismissal of employees for reasons other than those permitted by the Act.

In its decision, the Commission found that the proposed agreement met all the statutory criteria for approval. The agreement contained all the modern award terms and conditions and included the mandatory terms required by the Act. The Commission was satisfied that the agreement had been made in good faith and without coercion, and there were no provisions that would lead to the dismissal of employees for impermissible reasons. The Commission also noted that the agreement provided for a transparent process for resolving disputes and included provisions for employee participation and consultation.

Consequently, the Commission approved the Ryco Group Pty Ltd Stores and Distribution and United Workers Union Enterprise Agreement 2024, effective from 1 July 2024. The decision was made on the basis that the agreement complied with all the necessary statutory requirements and provided a fair and reasonable framework for the employment relationship between Ryco Group Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established