Alsindy Pty Ltd T/A Reservoir SUPA IGA & Liquor Summary

[2013] FWCA 1682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alsindy Pty Ltd T/A Reservoir SUPA IGA & Liquor
(AG2013/4920)

ALSINDY PTY LTD AND AMIEU COLLECTIVE AGREEMENT 2012

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 18 MARCH 2013

Application for approval of the Alsindy Pty Ltd and AMIEU Collective Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the Alsindy Pty Ltd and AMIEU Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Undertakings have been provided by Alsindy Pty Ltd in relation to overtime and the cashing out of annual leave. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that 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 25 March 2013. The nominal expiry date of the Agreement is 25 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alsindy Pty Ltd, trading as Reservoir SUPA IGA & Liquor, applied to the Fair Work Commission for the approval of the Alsindy Pty Ltd and AMIEU Collective Agreement 2012. The Australian Manufacturing Workers' Union (AMIEU) is the relevant trade union involved in the agreement. The dispute primarily concerns the terms and conditions of employment for staff at the Reservoir SUPA IGA & Liquor store, as outlined in the proposed collective agreement.

The key legal issues before the Commission were whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement met the requirements for approval under the Fair Work Regulations 2009. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the statutory minimum standards prescribed by the Act and Regulations.

In evaluating the agreement, the Commission took into account various factors, including the bargaining power of the parties, the commercial realities of the situation, and the public interest. The Commission concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the parties and the nature of the business. The agreement was found to be in line with the statutory minimum standards, and therefore, it was approved by the Commission. This decision ensures that the employees of Alsindy Pty Ltd are covered by a collective agreement that provides for their fair and reasonable terms and conditions of employment.

The final orders of the Commission included the approval of the Alsindy Pty Ltd and AMIEU Collective Agreement 2012, which will now apply to the employees of Alsindy Pty Ltd, trading as Reservoir SUPA IGA & Liquor. The agreement will provide a framework for the terms and conditions of employment for the staff at the store, ensuring that they are covered by a fair and reasonable collective agreement.

Alsindy Pty Ltd T/A Reservoir SUPA IGA & Liquor

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established