DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Strandbags Group Pty Ltd T/A Strandbags
(AG2019/1784)

STRANDBAGS DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JULY 2019

Application for approval of the Strandbags Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Strandbags Distribution Centre Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Strandbags Group Pty Ltd T/A Strandbags. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to 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.

[6] The National Union of Workers, New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Strandbags Group Pty Ltd T/A Strandbags sought approval of the Strandbags Distribution Centre Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which was asked to determine whether the agreement was appropriate for endorsement. The Fair Work Commission needed to assess whether the agreement met the criteria for endorsement under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion.

In examining the application, the Commission considered the submissions of the parties and relevant statutory provisions. The Commission determined that the agreement was fair and reasonable and was made in good faith. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable awards or other industrial instruments, and that it contained appropriate mechanisms for dispute resolution. The Commission also noted that the agreement had been negotiated between the parties and was not the result of coercion or undue influence. Based on these findings, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Strandbags Distribution Centre Enterprise Agreement 2019. The approval ensures that the agreement is legally binding on the parties and provides a framework for the terms and conditions of employment for the relevant employees. The decision of the Commission is a final and binding determination under the Fair Work Act 2009.

Strandbags Group Pty Ltd T/A Strandbags

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established