Amart Furniture Pty Ltd Summary

[2023] FWCA 2567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amart Furniture Pty Ltd

(AG2023/2616)

AMART & SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION PERTH DC ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2023

Application for approval of the Amart & Shop, Distributive and Allied Employees Association Perth DC Enterprise Agreement 2023

Amart Furniture Pty Ltd has made an application for approval of an enterprise agreement known as the Amart & Shop, Distributive and Allied Employees Association Perth DC Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 has been met.

The Shop, Distributive and Allied Employees Association (SDA), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the SDA.

The Agreement was approved on 16 August 2023 and, in accordance with s 54, it will operate from 23 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amart Furniture Pty Ltd applied to the Fair Work Commission for the approval of the Amart & Shop, Distributive and Allied Employees Association Perth DC Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for employees within the Perth District Council. The Fair Work Commission was tasked with determining whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the "better off overall test" and whether it complied with the procedural requirements outlined in the Fair Work Act. The Commission needed to assess if the agreement provided employees with a better overall package of terms and conditions compared to the applicable awards and if the process for reaching the agreement was fair and lawful. Additionally, the Commission examined whether the agreement included provisions for minimum wages, penalties, and other essential terms that are mandated by law.

The Commission found that the Amart & Shop, Distributive and Allied Employees Association Perth DC Enterprise Agreement 2023 met the better off overall test as it offered employees a package of terms and conditions that were at least as good as those provided under the applicable awards. The Commission also confirmed that the agreement was the product of a fair and lawful bargaining process. Furthermore, the agreement included all the necessary provisions such as minimum wages and penalty rates. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Amart & Shop, Distributive and Allied Employees Association Perth DC Enterprise Agreement 2023, confirming its compliance with the Fair Work Act. The decision highlighted the importance of ensuring that employees are not disadvantaged under the new agreement and that the bargaining process was conducted fairly. This approval allows the terms of the agreement to be implemented, providing a clear framework for the employment conditions within the specified district.

Amart Furniture Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established