Staff Resource Centre Pty Ltd
[2022] FWCA 862
•11 MARCH 2022
| [2022] FWCA 862 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Staff Resource Centre Pty Ltd
(AG2022/63)
Staff Resource Centre Enterprise Agreement
| Fast food industry | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 11 MARCH 2022 |
Application for approval of the Staff Resource Centre Enterprise Agreement.
Staff Resource Centre Pty Ltd has applied for approval of a single enterprise agreement known as the Staff Resource Centre Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
Since the application was made, the Commission raised concerns whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.
Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure that the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement was approved on 11 March 2022 and, in accordance with s.54, will operate from 18 March 2022. The nominal expiry date of the Agreement is 11 March 2026.
For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.[1]
DEPUTY PRESIDENT
Annexure A
[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.
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