Selleys (A Division of DeluxGroup (Australia) Pty Ltd) Summary

[2014] FWCA 8049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Selleys (A Division of DeluxGroup (Australia) Pty Ltd)
(AG2014/7754)

SELLEYS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the Selleys Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Selleys Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Selleys (A Division of DeluxGroup (Australia) Pty Ltd). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] United Voice and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 21 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Selleys, a division of DeluxGroup (Australia) Pty Ltd, sought the Fair Work Commission's approval of the Selleys Enterprise Agreement 2014. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly with respect to minimum entitlements, procedural fairness, and proper consultation with employees. The application was heard by Deputy President F T Batt.

The legal issues before the court were whether the agreement met the statutory requirements for minimum entitlements, if the proper consultation process was followed, and whether the agreement was made in good faith. The applicant argued that the agreement was in compliance and had been properly negotiated. The respondent contended that certain provisions fell short of the required minimum standards and that the consultation process was inadequate.

The court found that the agreement was generally in compliance with the statutory requirements, including the minimum entitlements. However, the court identified a few provisions that did not meet the minimum standards and directed that they be amended. Furthermore, the court determined that while the consultation process was generally adequate, it fell short in certain respects. The court concluded that the overall process was conducted in good faith, and the agreement was approved subject to the amendments and the implementation of a more robust consultation process in the future.

The final orders of the court included the approval of the Selleys Enterprise Agreement 2014, subject to the amendments identified, and a direction for the parties to implement an improved consultation process. The agreement was to be varied to reflect the amendments and to incorporate the improved consultation provisions.

Selleys (A Division of DeluxGroup (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