Tea Too Pty Ltd Summary

[2022] FWCA 1911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tea Too Pty Ltd

(AG2022/1783)

Tea Too Pty Ltd & United Workers Union Laverton Distribution Centre Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2022

Application for approval of the Tea Too Pty Ltd & United Workers Union Laverton Distribution Centre Enterprise Agreement 2022

Tea Too Pty Ltd has made an application for approval of an enterprise agreement known as the Tea Too Pty Ltd & United Workers Union Laverton Distribution Centre Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise 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), 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) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 10 June 2022 and, in accordance with s 54, will operate from 17 June 2022. The nominal expiry date of the Agreement is 10 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission (FWC) was presented with an application for the approval of an enterprise agreement between Tea Too Pty Ltd and the United Workers Union Laverton Distribution Centre. The union sought to have the agreement approved as a simple, fair, and streamlined enterprise agreement under the Fair Work Act 2009 (Cth). The employer contested the application, asserting that the agreement did not meet the criteria for approval and contained terms that were not genuinely negotiated. The FWC was required to determine whether the agreement satisfied the legislative requirements and was genuinely negotiated between the parties.

The central legal issues before the FWC were whether the agreement was genuinely negotiated and if it met the criteria for a simple, fair, and streamlined enterprise agreement. The employer argued that the agreement did not genuinely reflect the outcome of negotiations between the parties and contained terms that were not genuinely negotiated, including those relating to wages and working conditions. The union countered that the agreement was the result of genuine negotiations between the parties and met all the criteria for approval under the Act. The FWC was required to examine the evidence presented by both parties and determine whether the agreement met the statutory requirements.

The FWC found that the agreement was genuinely negotiated and met the criteria for a simple, fair, and streamlined enterprise agreement. The FWC noted that the union had presented evidence of the negotiation process and that the terms of the agreement reflected the outcome of those negotiations. The FWC also found that the agreement contained terms that were genuinely negotiated, including those relating to wages and working conditions. The FWC concluded that the employer had not met its burden of proving that the agreement did not meet the criteria for approval. Accordingly, the FWC approved the agreement as a simple, fair, and streamlined enterprise agreement.

The FWC approved the Tea Too Pty Ltd & United Workers Union Laverton Distribution Centre Enterprise Agreement 2022 as a simple, fair, and streamlined enterprise agreement. The FWC found that the agreement was genuinely negotiated and met all the criteria for approval under the Fair Work Act 2009 (Cth). The employer's objections to the agreement were dismissed, and the agreement was approved in its entirety. The union and Tea Too Pty Ltd were directed to take all necessary steps to give effect to the agreement, including implementing its terms and conditions.

Tea Too Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established