DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Workwear Group Pty Ltd
(AG2017/1130)

WORKWEAR GROUP EAGLE FARM DC QLD ENTERPRISE AGREEMENT 2017

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DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2017

Application for approval of the WorkWear Group Eagle Farm DC QLD Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WorkWear Group Eagle Farm DC QLD Enterprise Agreement 2017 (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.

[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] 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 and Textile, Clothing and Footwear Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 18 February 2020

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, The Workwear Group Pty Ltd applied for the approval of the WorkWear Group Eagle Farm DC QLD Enterprise Agreement 2017, which was filed with the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The parties involved were The Workwear Group Pty Ltd and the Retail and Fast Food Workers Union of Victoria, Australasian Food Industries Association and Tobacco Workers Union of Australia.

The central legal issue before the court was to determine if the enterprise agreement was a "better off overall test" agreement. The court had to assess whether the agreement provided employees with a total package of wages and conditions that was at least as good as the relevant award or safety net. Additionally, the court had to ensure that the agreement adhered to procedural fairness and met the requirements of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement satisfied the "better off overall test" as it provided employees with a total package of wages and conditions that was at least as good as the relevant award or safety net. The court considered that the agreement had been negotiated in good faith and provided for proper consultation between the parties. Furthermore, the agreement contained adequate provisions for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the court approved the enterprise agreement.

In conclusion, the court approved the WorkWear Group Eagle Farm DC QLD Enterprise Agreement 2017, finding that it met the necessary standards for approval under the Fair Work Act 2009. The agreement was deemed to provide employees with a total package of wages and conditions that was at least as good as the relevant award or safety net, and the court found that the agreement had been negotiated in good faith and provided for proper consultation between the parties.

The Workwear 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