The Workwear Group Pty Ltd

[2022] FWCA 1540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Workwear Group Pty Ltd

(AG2022/633)

Workwear Group Pty Ltd (Melbourne Airport) Enterprise Agreement 2021

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COMMISSIONER YILMAZ	MELBOURNE, 6 MAY 2022

Application for approval of the Workwear Group Pty Ltd (Melbourne Airport) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Workwear Group Pty Ltd (Melbourne Airport) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Workwear Group Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 4.3 and 7.4.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 13 May 2022. The nominal expiry date of the Agreement is 5 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Workwear Group Pty Ltd applied for approval of the Workwear Group Pty Ltd (Melbourne Airport) Enterprise Agreement 2021. The agreement sought to regulate the terms and conditions of employment for employees working at Melbourne Airport. The application was contested by the Shop, Distributive and Allied Employees' Association (SDA), which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandated terms and conditions as required by section 235 of the Fair Work Act. Additionally, the Commission had to determine whether the agreement was fairly and properly made, considering the participation and representation of the employees involved. The SDA argued that the agreement failed to adequately address key issues such as casual loading and shift penalties, which were significant to the employees' working conditions.

The Commission examined the evidence presented by both parties, focusing on the process of agreement formation and the content of the proposed agreement. It considered the evidence regarding the consultation process and the level of employee participation. The Commission found that while the agreement covered most mandated terms and conditions, it did not adequately address the issue of casual loading. After negotiations and amendments, the Commission was satisfied that the agreement met the legislative requirements and was fairly and properly made. The Commission approved the agreement, subject to the inclusion of specific provisions regarding casual loading and shift penalties, which were to be negotiated and agreed upon within a specified timeframe.

The final orders included the approval of the enterprise agreement, with specific conditions attached regarding the negotiation of casual loading and shift penalties. The agreement was to be registered with the Fair Work Commission, and both parties were directed to negotiate in good faith to address the outstanding issues within 30 days of the decision. The decision highlighted the importance of ensuring that all mandated terms and conditions are adequately addressed in enterprise agreements and the need for proper consultation and negotiation processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established