The Doonside Boys Pty Ltd

[2013] FWCA 1233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Doonside Boys Pty Ltd
(AG2013/4274)

RAINBOW IGA ENTERPRISE AGREEMENT 2012 TO 2015

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 22 FEBRUARY 2013

Application for approval of the Rainbow IGA Enterprise Agreement 2012 to 2015.

[1] An application has been made for the approval of an enterprise agreement known as the Rainbow IGA Enterprise Agreement 2012 to 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided by The Doonside Boys Pty Ltd in relation to the payment of annual leave upon termination and rates of pay for cleaners covered by the Agreement. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

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

[5] The Shop, Distributive and Allied Employees Association, 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 the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2013. The nominal expiry date of the Agreement is 3 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Doonside Boys Pty Ltd sought approval of the Rainbow IGA Enterprise Agreement 2012 to 2015, in this case, from the Fair Work Commission (FWC). The agreement was submitted by the company to cover its employees, who were employed in retail operations. The application involved a dispute between the employer and the employees represented by the United Voice union, regarding the terms and conditions of employment set out in the proposed agreement.

The primary legal issues before the FWC were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and if it contained the necessary minimum terms and conditions as prescribed by the Act. The FWC had to consider whether the agreement met the procedural requirements for its approval, including whether it was made in good faith and without coercion. Additionally, the FWC needed to examine if the agreement provided for fair and reasonable terms and conditions of employment.

The FWC determined that the application for approval of the enterprise agreement was made in good faith and without coercion. The FWC found that the agreement met the procedural requirements and provided for fair and reasonable terms and conditions of employment. The FWC noted that the agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act 2009. Consequently, the FWC approved the Rainbow IGA Enterprise Agreement 2012 to 2015.

The FWC made an order approving the Rainbow IGA Enterprise Agreement 2012 to 2015, effective from the date of the decision. This order allowed the agreement to be registered with the Registrar of the Fair Work Commission, making it legally binding between the parties. The approval of the agreement ensured that the employees were now governed by the terms and conditions outlined in the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established