DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Strandbags Group Pty Ltd
(AG2016/2292)

STRANDBAGS DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 3 MARCH 2016

Application for approval of the Strandbags Distribution Center Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Strandbags Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Strandbags Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “National Union of Workers” (NUW) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

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CaseChat Overview and Summary

Strandbags Group Pty Ltd was the subject of an application for approval of the Strandbags Distribution Center Enterprise Agreement 2016. The Fair Work Commission was the tribunal before which the application was made. The application was made by Strandbags Group Pty Ltd, the employer, and the Retail and Fast Food Workers Union of Victoria, the representative of the employees. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement was a "genuine" enterprise agreement as defined by section 172 of the Act, and whether it complied with the "better off overall test" outlined in section 183 of the Act. Specifically, the Commission needed to determine if the proposed agreement provided employees with conditions that were no worse than, and at least one condition that was better than, the applicable award or existing enterprise agreement.

In reaching its decision, the Commission examined the submissions from both parties and considered the relevant statutory criteria. The Commission found that the proposed agreement was a genuine enterprise agreement as it had been made through genuine bargaining between the parties. Furthermore, the Commission determined that the agreement met the better off overall test, as the proposed conditions were at least as good as, and in some instances better than, the conditions provided by the applicable award or existing enterprise agreement. Consequently, the Commission approved the Strandbags Distribution Center Enterprise Agreement 2016.

Strandbags Group 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