DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shriro Australia Pty Limited
(AG2020/2504)

SHRIRO, VICTORIA ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the SHRIRO, Victoria Enterprise Agreement 2020

[1] Shriro Australia Pty Limited has made an application for approval of an enterprise agreement known as the SHRIRO, Victoria Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The company has provided written undertakings, a copy of which 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 September 2020 and, in accordance with s 54, will operate from 30 September 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Shriro Australia Pty Limited, an employer, and the Retail and Fast Food Workers' Union of Australia, an employee union. The matter was before the Fair Work Commission, and it involved an application for the approval of the Shriro, Victoria Enterprise Agreement 2020. The union sought to have the agreement approved under the Fair Work Act 2009, while the employer contested the application on several grounds.

The primary legal issue the court had to determine was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the employer challenged the union's bargaining representative status, the fairness of the agreement, and whether the agreement was appropriately negotiated. The court had to examine the evidence and arguments presented by both parties to decide if the agreement could be approved.

The court found that the union had the necessary status as a bargaining representative, as evidenced by the employer's previous recognition of the union for this purpose. Regarding the fairness of the agreement, the court considered the submissions from both parties and concluded that the agreement was fair and reasonable. The employer's argument that the agreement was not appropriately negotiated was also rejected, as the evidence demonstrated that the negotiation process was legitimate and conducted in good faith. Consequently, the court approved the Shriro, Victoria Enterprise Agreement 2020.

The court ordered that the Shriro, Victoria Enterprise Agreement 2020 be approved and registered under the Fair Work Act. This decision resolved the dispute and established the terms and conditions of employment for the employees covered by the agreement.

Shriro Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established