DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workwear Group Pty Ltd
(AG2017/4875)

WELSHPOOL DISTRIBUTION SERVICES ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Welshpool Distribution Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Welshpool Distribution Services 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 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 4 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Workwear Group Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the Welshpool Distribution Services Enterprise Agreement 2017. The application involved a dispute between the employer and the employees represented by the Australian Manufacturing Workers Union. The dispute centred around the terms and conditions of employment under the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it provided for a fair and reasonable safety net of minimum entitlements, and whether it was free from any prohibited content. The Commission also considered whether the agreement provided for a fair and efficient process for resolving disputes, and whether it complied with the good faith bargaining requirement.

In reaching its decision, the Commission noted that the agreement provided for a safety net of minimum entitlements that were at least equal to, or better than, the applicable awards and national employment standards. The Commission found that the agreement was free from any prohibited content, including any content that would undermine the operation of the national workplace relations system. The Commission also concluded that the agreement provided for a fair and efficient process for resolving disputes and that it had been made in good faith. Based on these findings, the Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the agreement with the specified modifications, and a direction that the agreement be notified to all employees and registered with the Fair Work Commission. The decision provides guidance on the requirements for an enterprise agreement to be approved by the Commission, and the importance of ensuring that agreements meet the statutory standards for fairness and good faith bargaining.

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