DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Tech Pty Ltd
(AG2015/5868)

VIRGIN TECH (STORES) ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 23 OCTOBER 2015

Application for approval of the Virgin Tech (Stores) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Tech (Stores) Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Virgin Tech Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Virgin Tech Pty Ltd applied for approval of the Virgin Tech (Stores) Enterprise Agreement 2015. The applicant, an employer in the retail sector, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application involved consideration of various aspects of the agreement, including its compliance with the Act's requirements.

The legal issues before the Commission centred on whether the agreement was genuinely negotiated, whether it contained necessary protections for employees, and if it complied with the procedural requirements set out in the Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained minimum terms and conditions as required by law.

The Commission reviewed the evidence provided by both parties and found that the agreement was genuinely negotiated and contained all necessary protections for employees. The Commission also confirmed that the proper procedures for the agreement's negotiation and approval had been followed. As a result, the Commission approved the Virgin Tech (Stores) Enterprise Agreement 2015 as a registered enterprise agreement.

As a final order, the Commission approved the agreement with conditions, including a requirement for the applicant to provide notice to employees of the agreement's registration and to display a copy of the agreement in each workplace. The agreement became effective from the date of registration and binding on all parties involved.

Virgin Tech 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