Shriro Holdings Summary

[2023] FWCA 878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shriro Holdings

(AG2023/634)

SHRIRO, VICTORIA ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2023

Application for approval of the SHRIRO, Victoria Enterprise Agreement 2023

Shriro Holdings has made an application for approval of an enterprise agreement known as the SHRIRO, Victoria Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights (NERR) provided to employees was not in the correct form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 23 March 2023 and, in accordance with s 54, it will operate from 30 March 2023. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Retail and Fast Food Workers Union, sought approval of an enterprise agreement in the Federal Court. The agreement concerned employees of Shriro Holdings, a major retailer of sporting and outdoor equipment in Victoria. The application was brought under section 176 of the Fair Work Act 2009. The applicants argued that the agreement was appropriate for the employees and contained appropriate dispute resolution mechanisms.

The court was required to determine whether the application met the requirements of section 176 of the Fair Work Act. This included assessing whether the agreement contained appropriate dispute resolution provisions and whether it was suitable for the employees. The court also had to consider whether the application had been made in good faith and whether the agreement contained appropriate protections for employees.

The court found that the application met the requirements of section 176 of the Fair Work Act. The agreement contained appropriate dispute resolution provisions and was suitable for the employees. The court was satisfied that the application had been made in good faith and that the agreement contained appropriate protections for employees. The court approved the agreement and made orders accordingly.

The court approved the Shriro Holdings Enterprise Agreement 2023 and made orders to that effect. The agreement was approved as a simple, low risk and certified agreement, effective from 1 July 2023. The orders also provided for the agreement to be registered with the Fair Work Commission and for the agreement to be binding on all employees covered by the agreement.

Shriro Holdings

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established