Apple Pty Limited T/A Apple

[2014] FWCA 3747

[2014] FWCA 3747

The attached document replaces the document previously issued with the above code on 5 June 2014.

The reference to s.54(2) in [11] has been amended to s.54(1)(b).

Jimmy Li

Associate to Commissioner Bull

Dated 5 June 2014.

[2014] FWCA 3747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apple Pty Limited T/A Apple
(AG2014/5899)

APPLE RETAIL ENTERPRISE AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 5 JUNE 2014

Application for approval of the Apple Retail Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Apple Retail Enterprise Agreement 2014 (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] The Agreement covers 2,372 employees. Of those employees, 1,916 cast a valid vote and 1,704 voted in favour of the Agreement.

[3] There was no union involved in the bargaining process. There was one employee bargaining representative, Ms Marcia Ruf. On 8 May 2014, my chambers received a telephone call from Ms Ruf informing the Commission that she opposed the approval of the agreement.

[4] A timetable was set down for Ms Ruf and the applicant’s representative to file submissions in relation to the objections. Ms Ruf filed her submissions on 16 May 2014. A conference was held on 3 June 2014. During that conference, Ms Ruf withdrew her opposition to the approval of the agreement.

[5] The applicant has provided an undertaking to the effect that the Agreement would be read in conjunction with the National Employment Standards as set out in the Act.

[6] Upon review of the undertaking provided by the Applicant, I am satisfied that employees covered by this Agreement are better off overall.

[7] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[8] The undertaking was provided to the bargaining representative. The bargaining representative did not raise any objection to the undertaking.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[10] Clause 1.5 of the Agreement specifies that the Agreement commences on the date of expiry of the Apple Australia Retail Collective Workplace Agreement 2009. I am satisfied that the date of expiry of that agreement is 6 July 2014. 1

[11] The Agreement is approved. In accordance with s.54(1)(b) the Agreement will operate from 7 July 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

 1   The Employer’s representative has provided the approval letter from the Workplace Authority.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE408483  PR551497 >