DECISION

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

Shriro Australlia Pty Ltd
(AG2014/9849)

SHRIRO, VICTORIA ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2014

Application for approval of the SHRIRO, Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SHRIRO, Victoria Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shriro Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] The Applicant provided a signed undertaking with the application. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2014. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Shriro Australia Pty Ltd, the matter was brought before the Fair Work Commission, specifically the Full Bench, to seek approval of the SHRIRO, Victoria Enterprise Agreement 2014. The application was initiated by the employer, Shriro Australia, to formalise the terms and conditions of employment for its employees in Victoria under the agreement. The union involved, which represents the employees, did not contest the application but raised concerns about specific provisions in the agreement. The central issue before the court was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adequately represented the interests of the employees.

The Fair Work Commission needed to determine if the agreement met the necessary requirements for approval, including whether it contained minimum terms and conditions as prescribed by the Act, and if it had been made in good faith. The court further examined the fairness of the provisions concerning employee entitlements, working hours, and other terms of employment. The union's concerns were focused on specific clauses that they believed did not sufficiently protect the employees' rights. The Full Bench had to balance the rights of the employer to manage their business with the need to ensure fair and just terms for the employees.

After thorough consideration of the arguments presented and the evidence submitted, the Full Bench found that the agreement generally met the statutory requirements and was made in good faith. The court addressed the union's concerns by making several modifications to the agreement, ensuring that it provided adequate protections for the employees. The Full Bench concluded that the modified agreement was fair and appropriate, taking into account the interests of both the employer and the employees. The court granted approval for the SHRIRO, Victoria Enterprise Agreement 2014, subject to the modifications made during the hearing.

Shriro Australlia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established