Staff Resource Centre Pty Ltd

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Staff Resource Centre Pty Ltd applied for the approval of a new enterprise agreement under the Fair Work Act 2009. The application was made in the Fair Work Commission, with the decision being handed down by Deputy President P McGill. The dispute centred on the terms and conditions of employment for staff members at the Staff Resource Centre, with the applicant seeking to implement changes through the proposed agreement.

The primary legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for a fair and reasonable level of pay and conditions, and whether it complied with the provisions of the Act relating to good faith bargaining and genuine agreement. Additionally, the Commission had to consider whether the agreement was consistent with the National Employment Standards and other relevant industrial instruments.

In reaching its decision, the Deputy President examined the evidence and submissions from both parties. The Commission found that the proposed agreement was fair and reasonable, provided for adequate pay and conditions, and was the product of genuine agreement between the parties. The Deputy President also considered the broader context of the agreement, including the need for flexibility in the workplace and the importance of maintaining a harmonious employer-employee relationship. As a result, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Staff Resource Centre Enterprise Agreement, effective from the date of the decision. The agreement provides for a range of terms and conditions, including pay rates, hours of work, leave entitlements, and dispute resolution procedures. The approval of the agreement ensures that the parties will be bound by its terms, and it will provide a stable and predictable framework for the management of employment relations at the Staff Resource Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established