DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barbeques Galore Pty Limited
(AG2019/1832)

BARBEQUES GALORE ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER MCKINNON	MELBOURNE, 20 JUNE 2019

Application for approval of the Barbeques Galore Enterprise Agreement 2019.

[1] An application has been made for approval of a single enterprise agreement known as the Barbeques Galore Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Barbeques Galore Pty Limited.

[2] 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.

[3] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barbeques Galore Pty Limited applied to the Fair Work Commission for the approval of the Barbeques Galore Enterprise Agreement 2019. The respondent, Shop, Distributive and Allied Employees' Association, opposed the application. The dispute centred around several provisions within the agreement, including those related to employment conditions, wages, and dispute resolution mechanisms. 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 assessing whether the agreement provided for the terms and conditions of employment in a manner that complied with the Act. This included scrutinising provisions that dealt with casual employment, shifts, and the resolution of disputes. The Commission had to consider whether the agreement was in the public interest, including whether it ensured fairness and avoided potential exploitation of employees. The arguments presented by both parties focused on the balance of the agreement in terms of protecting employee rights while also being reasonable for the employer.

The Fair Work Commission, after considering the arguments and evidence presented, found that the agreement was generally fair and balanced. The Commission was satisfied that the agreement provided for terms and conditions that were fair and reasonable, and that it did not lead to adverse consequences for employees or the public interest. The Commission approved the agreement, highlighting its compliance with the statutory requirements and its reasonable approach to both employer and employee interests.

The Commission's final order was the approval of the Barbeques Galore Enterprise Agreement 2019, as amended by the decision. This decision ensures that the agreement is binding on the parties and provides a framework for employment conditions within the enterprise.

Barbeques Galore Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established