DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workwear Group Pty Ltd
(AG2017/3655)

WORKWEAR GROUP PTY LTD (MELBOURNE AIRPORT) ENTERPRISE AGREEMENT 2017

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 OCTOBER 2017

Application for approval of the Workwear Group Pty Ltd (Melbourne Airport) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Workwear Group Pty Ltd (Melbourne Airport) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error. On 11 October 2017, the Applicant filed an amended version of the Agreement. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. A list of the corrections is attached in Annexure A.
[4] The Agreement was approved on 20 October 2017 and, in accordance with s.54, will operate from 27 October 2017. The nominal expiry date of the Agreement is 20 October 2021.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The applicant, Workwear Group Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement, which was entered into between the company and its employees at Melbourne Airport, aimed to regulate various aspects of employment, including wages, hours of work, and other conditions of employment. The dispute was heard and determined by the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was "freely and fairly" negotiated, as mandated by section 235 of the Act. This involved examining the process through which the agreement was negotiated and ensuring that it met the standards of genuine agreement-making set out in the legislation.

The Fair Work Commission found that the enterprise agreement met all the statutory requirements. The Commission was satisfied that the agreement had been negotiated in good faith and that the process of negotiation had been free from any undue influence or coercion. The Commission concluded that the agreement was fair and balanced, providing appropriate protections and benefits to the employees while also accommodating the legitimate business needs of the employer. The Commission approved the enterprise agreement, thereby allowing it to take effect and govern the terms and conditions of employment for the relevant employees.

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