DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Amart Furniture Pty Ltd T/A Amart Furniture
(AG2020/4166)

AMART & UNITED WORKERS BRISBANE DC ENTERPRISE AGREEMENT 2020

Retail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 JANUARY 2021

Application for approval of the Amart & United Workers Union Brisbane DC Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Amart & United Workers Union Brisbane DC Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amart Furniture Pty Ltd T/A Amart Furniture. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at page 7, clause 66. On 22 January 2021, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, 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.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 January 2021 and, in accordance with s.54, will operate from 1 February 2021. The nominal expiry date of the Agreement is 1 February 2024.

COMMISSIONER

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CaseChat Overview and Summary

Amart Furniture Pty Ltd, trading as Amart Furniture, recently sought approval for the Amart & United Workers Union Brisbane DC Enterprise Agreement 2020. The application was before the Fair Work Commission, which was required to determine whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement provided fair terms and conditions of employment, including minimum wages, penalties, leave entitlements, and dispute resolution processes. The Commission also needed to ensure that the agreement complied with the good faith bargaining requirements and did not unfairly disadvantage any party.

The Fair Work Commission examined the provisions of the agreement and found that it generally provided fair and reasonable terms and conditions of employment. The Commission considered the nature of the bargaining process, the extent to which the agreement reflected the bargaining positions of the parties, and whether the agreement provided for adequate dispute resolution mechanisms. The Commission concluded that the agreement met the necessary requirements under the Fair Work Act 2009 and approved the Amart & United Workers Union Brisbane DC Enterprise Agreement 2020.

The Fair Work Commission's approval of the Amart & United Workers Union Brisbane DC Enterprise Agreement 2020 reflects its finding that the agreement provided fair and reasonable terms and conditions of employment, and met the necessary requirements under the Fair Work Act 2009. The Commission's decision highlights the importance of good faith bargaining and the need for agreements to provide adequate dispute resolution mechanisms. The Commission's approval of the agreement is a positive outcome for both Amart Furniture and the United Workers Union, as it provides certainty and stability in the workplace.

Amart Furniture Pty Ltd T/A Amart Furniture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established