Amart Furniture Pty Ltd T/A Amart Furniture

[2023] FWCA 2681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amart Furniture Pty Ltd T/A Amart Furniture

(AG2023/2715)

AMART SYDNEY DC ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER LIM	PERTH, 28 AUGUST 2023

Application for approval of the Amart Sydney DC Enterprise Agreement 2023

Amart Furniture Pty Ltd T/A Amart Furniture has made an application for the approval of an enterprise agreement known as the Amart Sydney DC Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 13 June 2023 and the Agreement was made on 27 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 28 August 2023 and, in accordance with s 54, will operate from 4 September 2023. The nominal expiry date of the Agreement is 28 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amart Furniture Pty Ltd T/A Amart Furniture applied to the Fair Work Commission for the approval of the Amart Sydney DC Enterprise Agreement 2023. The dispute arose from the negotiation and subsequent submission of an enterprise agreement between Amart Furniture and its employees represented by the Retail and Fast Food Workers Union. The application was contested by the union, which raised concerns about the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Act.

The primary legal issues before the Commission involved the assessment of the agreement's compliance with the formal requirements of the Fair Work Act, including whether it provided for the proper representation of employee interests, and whether it contained the necessary provisions regarding minimum entitlements, workplace relations, and procedural fairness. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for the resolution of future disputes in an efficient manner.

After reviewing the submissions from both parties and considering the evidence presented, the Commission found that the Amart Sydney DC Enterprise Agreement 2023 met the legal requirements for approval. The agreement was deemed to be fair and reasonable, providing adequate protections and benefits for the employees, while also allowing for operational flexibility for Amart Furniture. The Commission concluded that the agreement was made in good faith and provided for the efficient resolution of future disputes. Consequently, the Commission approved the agreement, subject to certain conditions and modifications to address minor procedural concerns raised during the hearing.

The final orders of the Commission included the approval of the Amart Sydney DC Enterprise Agreement 2023, with specific modifications to certain clauses to ensure compliance with the Fair Work Act. The agreement was to be registered and would come into effect on the date of the Commission's decision, provided that the parties complied with the conditions set out in the orders. The Commission also directed the parties to take such steps as were necessary to ensure the agreement was brought to the attention of all relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established