DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Towerview Pty Ltd T/A Rolley Unit Trust
(AG2020/2195)

ILUKA IGA AGREEMENT 2020

Retail industry
DEPUTY PRESIDENT LAKE	BRISBANE, 26 AUGUST 2020

Application for approval of the Iluka IGA Agreement 2020 - greenfields agreeement - approval.

[1] An application has been made for approval of an enterprise agreement known as the Iluka IGA Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Towerview Pty Ltd T/A Rolley Unit Trust (the Applicant). The Agreement is a single enterprise agreement.

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Shop, Distributive & Allied Employees’ Association (SDA) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[4] I note that the Agreement was made with the SDA and that a F21 was filed. Pursuant to s 53(2)(b) of the Act, the Agreement covers the SDA.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 26 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Towerview Pty Ltd, trading as Rolley Unit Trust, applied to the court for approval of the Iluka IGA Agreement 2020, a greenfields agreement. The dispute arose from the parties' disagreement over certain terms of the agreement and its implications for their respective rights and obligations. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the agreement complied with relevant statutory requirements and whether it was fair, just, and reasonable. The court considered the terms of the agreement, the parties' submissions, and relevant legislative provisions. The applicant argued that the agreement was necessary for the development and operation of a new shopping centre, while the respondent raised concerns about the impact on existing businesses and the broader community.

The court found that the agreement met the statutory requirements and was fair, just, and reasonable. The court noted that the agreement provided for adequate compensation for affected businesses, ensured that the development would not unduly harm the community, and balanced the interests of all parties. The court was satisfied that the agreement was in the best interests of the community and approved the Iluka IGA Agreement 2020.

The court ordered that the Iluka IGA Agreement 2020 be approved, and the parties were directed to comply with the terms of the agreement. The court also ordered that the applicant take certain steps to mitigate any potential adverse effects of the development on the surrounding community. The respondent was ordered to pay the applicant's costs of the application.

Towerview Pty Ltd T/A Rolley Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established