Sarina Russo Job Access (Australia) Pty Ltd Summary

[2016] FWCA 842

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Sarina Russo Job Access Pty Ltd T/A Sarina Russo Job Access
(AG2015/7880)
SARINA RUSSO ENTERPRISE AGREEMENT 2015
Educational services
COMMISSIONER ROE	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Sarina Russo Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Sarina Russo Enterprise Agreement 2015 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sarina Russo Job

Access Pty Ltd T/A Sarina Russo Job Access. The Agreement is a single enterprise

agreement.

[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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Independent Education Union of Australia 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.
[2016] FWCA 842

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will

operate from 16 February 2016. The nominal expiry date of the Agreement is 9 February

2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Sarina Russo Job Access Pty Ltd involved an application for the approval of the Sarina Russo Enterprise Agreement 2015, as required under Section 185 of the Fair Work Act 2009. The application was submitted by Sarina Russo Job Access Pty Ltd, trading as Sarina Russo Job Access. The enterprise agreement in question is a single enterprise agreement that, while not covering all employees of the employer, was deemed to be fairly chosen based on the relevant provisions of Section 186(3) and (3A) of the Fair Work Act. The Independent Education Union of Australia, which is a bargaining representative for the agreement, has indicated its desire for the agreement to cover its members, as required under Section 183 of the Act. The agreement was subsequently approved by the Commissioner on 9 February 2016, with an effective date of 16 February 2016 and a nominal expiry date of 9 February 2020.

The legal issues that the court had to decide involved whether the application for approval of the enterprise agreement met all the necessary requirements as set out in Sections 186, 187, and 188 of the Fair Work Act. Additionally, the court had to consider whether the group of employees that the agreement covered was fairly chosen, in light of Section 186(3) and (3A) of the Act. The court also needed to determine if the Independent Education Union of Australia, as a bargaining representative, had properly exercised its rights under Section 183 of the Act.

The court concluded that all the necessary requirements for the approval of the enterprise agreement had been met, and the group of employees covered by the agreement was fairly chosen. The court also confirmed that the Independent Education Union of Australia had properly exercised its rights under Section 183 of the Act. As a result, the Commissioner approved the Sarina Russo Enterprise Agreement 2015 on 9 February 2016, effective from 16 February 2016 until 9 February 2020.

Sarina Russo Job Access (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established