DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor
(AG2017/3977)

ASHIKA VISIONS ENTERPRISE AGREEMENT 2017

Retail industry
DEPUTY PRESIDENT KOVACIC	SYDNEY, 10 APRIL 2018

Application for approval of the Ashika Visions Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ashika Visions Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ashika Visions Pty Ltd, trading as OPSM Broken Hill and OPSM Victor Harbor, applied to the Fair Work Commission for approval of the Ashika Visions Enterprise Agreement 2017. The application was opposed by the Health Services Union of Australia. The primary dispute centred on the terms and conditions of employment within the agreement and whether they complied with relevant labour laws. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement provided adequate protection to employees, particularly concerning pay rates, leave entitlements, and other conditions. The Commission had to ensure that the agreement did not unfairly disadvantage any employee and that it complied with the provisions of the Fair Work Act. This included assessing whether the agreement met the 'better off overall test' and if it contained all the mandatory terms required by the Act.

In its decision, the Fair Work Commission examined the provisions of the agreement and considered submissions from both parties. The Commission found that the agreement met the statutory requirements and was in compliance with the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, providing adequate protection to employees and meeting the better off overall test. As a result, the application for approval of the Ashika Visions Enterprise Agreement 2017 was successful.

The Fair Work Commission approved the Ashika Visions Enterprise Agreement 2017, effective from 1 May 2017. The agreement was registered, and the Commission found that it complied with all statutory requirements. This decision provided clarity and certainty for the employees and employers involved, ensuring that the terms of employment were legally sound and fair.

Ashika Visions Pty Ltd T/A OPSM Broken Hill and OPSM Victor Harbor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established