| [2022] FWCA 2242 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bed Bath N’ Table Pty Ltd T/A Bed Bath N’ Table
(AG2022/1772)
Bed Bath N’ Table Enterprise Agreement 2022
| Storage services | |
| COMMISSIONER YILMAZ | MELBOURNE, 7 JULY 2022 |
Application for approval of the Bed Bath N’ Table Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Bed Bath N’ Table Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bed Bath N’ Table Pty Ltd T/A Bed Bath N’ Table. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 17.6 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking at Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry, Maritime, Mining and Energy Union 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.
The Agreement is approved and in accordance with s.54, will operate from 14 July 2022. The nominal expiry date of the Agreement is 31 July 2024.
COMMISSIONER
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Annexure A
- AGLC
- Bed Bath N’ Table Pty Ltd T/A Bed Bath N’ Table [2022] FWCA 2242
- Case
- [2022] FWCA 2242
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the agreement had been made in accordance with the provisions of the Fair Work Act and whether it contained all the mandatory terms as required by the legislation. Additionally, the court had to consider whether the agreement had been fairly negotiated and whether it complied with the procedural fairness requirements. The negotiation process, the coverage of the agreement, and the terms and conditions specified within the agreement were all scrutinised to ensure they met the statutory standards.
In rendering its decision, the court examined the evidence presented regarding the negotiation process, confirming that the agreement had been fairly negotiated between the employer and the employees' representatives. The court also assessed the mandatory terms to ensure they were included and appropriately detailed in the agreement. After thorough consideration, the court found that the agreement complied with all legal requirements, was fairly negotiated, and contained all necessary terms. Consequently, the court approved the Bed Bath N' Table Enterprise Agreement 2022.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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