DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Smith Family
(AG2016/5571)

THE SMITH FAMILY (VILLAWOOD SITE) ENTERPRISE AGREEMENT 2016

Clothing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 NOVEMBER 2016

Application for approval of The Smith Family (Villawood Site) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Smith Family (Villawood Site) 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 The Smith Family. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 24 November 2016 and, in accordance with s.54, will operate from 1 December 2016. The nominal expiry date of the Agreement is 24 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Smith Family, a non-profit organisation, sought approval for their Enterprise Agreement 2016 from the Fair Work Commission. The agreement, aimed at governing the employment conditions of workers at their Villawood site, was contested by the Australian Council of Trade Unions (ACTU), which raised concerns over the proposed terms. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and other relevant legislation.

The primary legal issue before the Commission was whether the agreement met the requirements for "modern awards" as outlined in the Fair Work Act. The ACTU argued that certain provisions of the agreement were not consistent with the applicable modern awards, particularly in relation to pay rates and conditions. The Smith Family contended that their agreement was fair and reasonable, taking into account the unique circumstances of their operations.

The Commission examined the specific provisions of the agreement and compared them to the relevant modern awards. It found that while the agreement generally aligned with the awards, there were some discrepancies. However, the Commission concluded that these discrepancies were minor and did not significantly detract from the fairness of the overall agreement. The Commission determined that the agreement met the requirements for approval under the Fair Work Act, and thus granted its approval.

The Fair Work Commission approved The Smith Family's Enterprise Agreement 2016, subject to certain conditions. The Commission emphasised the importance of the agreement's compliance with modern awards and highlighted the need for ongoing monitoring and review to ensure its continued fairness. The approval allows The Smith Family to implement the agreed terms and conditions for their workers at the Villawood site.

The Smith Family

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established