DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RYCO Group Pty Ltd T/A Ryco Group
(AG2021/4935)

RYCO GROUP PTY LTD STORES AND DISTRIBUTION ENTERPRISE AGREEMENT 2021

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 MAY 2021

Application for approval of the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2021.

[1] RYCO Group Pty Ltd T/A Ryco Group (the Applicant) has made an application for approval of an enterprise agreement known as the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 May 2021.

[3] On 5 May 2021, my Chambers contacted the parties to seek clarification about how the Applicant complied with s.180(5) of the Act, and the Applicant was invited to address these matters. On 6 May 2021 the Applicant provided submissions and materials that have satisfied my concerns.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of RYCO Group Pty Ltd T/A Ryco Group, the Fair Work Commission was asked to approve an enterprise agreement proposed by the employer. The dispute centred on the terms of the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2021. The applicant, RYCO Group Pty Ltd, sought the Commission's approval for the agreement, which had been negotiated between the employer and a trade union representing the employees. The union argued that certain provisions of the agreement did not comply with the relevant legislative requirements.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for registration and whether the provisions regarding remuneration and other employment conditions were fair and reasonable. The Commission needed to consider whether the agreement provided for a safety net of minimum entitlements for employees, whether it provided for a streamlined dispute resolution process, and whether it complied with the procedural requirements for registration. Additionally, the Commission had to assess if the agreement contained any unfair provisions that would render it unacceptable.

After considering the submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement met the necessary statutory criteria. The Commission determined that the agreement provided for a safety net of minimum entitlements, streamlined dispute resolution processes, and complied with procedural requirements. The Commission also concluded that none of the provisions were unfair, as they were reasonable and necessary for the operation of the business. Consequently, the Commission approved the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2021.

RYCO Group Pty Ltd T/A Ryco Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established