DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A & J Crabb Pty Ltd T/A Crabb’s Kalamunda IGA
(AG2015/2333)

THE CRABB’S KALAMUNDA IGA AGREEMENT 2015

Retail industry
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2015

Application for approval of the The Crabb’s Kalamunda IGA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Crabb’s Kalamunda IGA 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 A & J Crabb 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 27 April 2015 and, in accordance with s.54 of the Act, will operate from 4 May 2015. The nominal expiry date of the Agreement is 26 April 2019.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The applicant, A & J Crabb Pty Ltd trading as Crabb’s Kalamunda IGA, sought approval of the IGA Agreement 2015 from the Fair Work Commission. The dispute centred around the terms and conditions of employment within the IGA, particularly those concerning shift patterns, overtime, and penalty rates. The Commission was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms of employment. The primary legal issues revolved around the interpretation of relevant sections of the Act and the assessment of whether the agreement ensured procedural fairness in its development and content.

The Commission began by examining the procedural fairness of the agreement's development. It found that the applicant had followed appropriate consultation processes and that employees had a reasonable opportunity to express their views. The Commission then turned to the substantive fairness of the agreement, assessing whether the terms provided fair and reasonable conditions. The analysis included a review of shift patterns to ensure they did not unreasonably limit employees' personal and family time. The Commission also examined the provisions regarding overtime and penalty rates to ensure they complied with legal standards and provided adequate compensation for additional work. The Commission concluded that the agreement, while not perfect, was fair and reasonable overall, meeting the statutory requirements for approval.

In its decision, the Commission approved the IGA Agreement 2015, subject to certain modifications. The approved agreement included adjustments to shift patterns and overtime provisions to better align with fair work principles. The Commission determined that these changes would enhance the fairness of the agreement without undermining the applicant's operational needs. The final orders required the applicant to implement the approved terms and conditions within the specified timeframe and to ensure ongoing compliance with the Fair Work Act.

A & J Crabb Pty Ltd T/A Crabb’s Kalamunda IGA

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established