Associated Retailers Ltd

[2013] FWCA 4154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Associated Retailers Ltd
(AG2013/6155)

ARL (SA) ENTERPRISE AGREEMENT 2013

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 26 JUNE 2013

Application for approval of the ARL (SA) Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the ARL (SA) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] Undertakings have been provided by Dion Madden Pty Ltd (see Attachment A) and Horizon Leisure Pty Ltd (see Attachment B) in relation to the calculation of service for the purpose of leave accrual. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2013. The nominal expiry date of the Agreement is 3 July 2014.

SENIOR DEPUTY PRESIDENT

Attachment A

Attachment B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Associated Retailers Limited, acting as an employer in the retail sector in South Australia, sought approval for the ARL (SA) Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which is tasked with regulating and approving enterprise agreements under the Fair Work Act 2009. The primary dispute revolved around the terms and conditions stipulated in the proposed agreement, with particular attention given to whether the agreement met the statutory requirements and was in the best interests of the employees involved.

The central legal issues the Commission had to address were whether the agreement complied with the Fair Work Act's provisions and whether it was fair and reasonable for the employees. This involved assessing if the agreement met the "better off overall test," which requires that employees be no worse off financially and potentially better off overall under the new agreement compared to the existing conditions. Additionally, the Commission needed to determine if the agreement adequately covered all necessary matters and did not contain any terms that were contrary to public policy or unfair.

After a thorough examination, the Fair Work Commission concluded that the ARL (SA) Enterprise Agreement 2013 met all statutory requirements and was fair and reasonable. The Commission found that the agreement provided for fair compensation and improved conditions for the employees, thereby passing the "better off overall test." The Commission also confirmed that the agreement covered all necessary matters and did not include any terms that were contrary to public policy or unfair. Therefore, the Commission approved the agreement, affirming that it was in the best interests of the employees and aligned with the objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established