DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ryco Group Pty Ltd T/A Ryco Group
(AG2018/1213)

RYCO GROUP PTY LTD STORES AND DISTRIBUTION ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2018 (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 T/A Ryco Group. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ryco Group Pty Ltd trading as Ryco Group, sought the Fair Work Commission's approval of the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2018. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, in accordance with the requirements of the Fair Work Act 2009. The dispute arose from objections raised by certain employees regarding the proposed terms of the agreement.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the process leading to the agreement was procedurally fair. The Commission had to consider the fairness of the terms and conditions proposed in the agreement, as well as the process by which the agreement was negotiated and agreed upon. The Commission also had to consider the objections raised by the employees and determine whether those objections were valid and warranted a rejection of the agreement.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement balanced the interests of both the employer and the employees, and that the process leading to the agreement was procedurally fair. The Commission also found that the objections raised by the employees were not valid and did not warrant a rejection of the agreement. The Commission approved the agreement and made orders to that effect.

The Fair Work Commission approved the RYCO Group Pty Ltd Stores and Distribution Enterprise Agreement 2018, and made orders to that effect. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that the process leading to the agreement was procedurally fair. The Commission rejected the objections raised by the employees and approved the agreement. The applicant was granted the relief it sought.

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