Adairs Retail Group Summary

[2024] FWCA 4547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adairs Retail Group

(AG2024/4366)

ADAIRS SUPPLY CHAIN – VIC ENTERPRISE AGREEMENT 2024

Retail industry
COMMISSIONER PERICA	MELBOURNE, 18 DECEMBER 2024

Adairs Supply Chain – VIC Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Adairs Supply Chain – VIC Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 18 December 2024. It will operate from 25 December 2024 as required by section 54 of the Act. The nominal expiry date is 1 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adairs Retail Group, the employer, and the Retail and Fast Food Workers Union, the union, were engaged in a dispute over the Adairs Supply Chain – VIC Enterprise Agreement 2024. The union argued that the employer had not fairly negotiated the agreement and sought a declaration that the agreement was not properly formed. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central issue before the Commission was whether Adairs Retail Group had complied with its obligation to fairly negotiate the enterprise agreement. The union alleged that the employer had failed to provide adequate information and opportunity for consultation, thereby breaching the Fair Work Act 2009. The employer, on the other hand, contended that it had followed proper procedures and that the agreement was valid and binding.

The Commission examined the conduct of the negotiations and the processes followed by the employer. It found that Adairs Retail Group had engaged in good faith bargaining, provided necessary information, and allowed for meaningful consultation. The union's claims of procedural unfairness were dismissed, and the Commission held that the enterprise agreement was valid. The employer had complied with its obligations under the Fair Work Act 2009, and the union's application for a declaration that the agreement was not properly formed was dismissed.

The Commission's decision confirmed the validity of the Adairs Supply Chain – VIC Enterprise Agreement 2024. The union's application was dismissed, and the employer's right to implement the agreement was upheld.

Adairs Retail Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established