Best & Less Pty Ltd T/A Best & Less Summary

[2022] FWCA 1072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Best & Less Pty Ltd T/A Best & Less

(AG2022/26)

Best & Less Logistics Enterprise Agreement 2021

Retail industry
DEPUTY PRESIDENT CROSS	SYDNEY, 29 MARCH 2022

Application for approval of the Best & Less Logistics Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Best & Less Logistics Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Best & Less Pty Ltd T/A Best & Less. 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 as are relevant to this application for approval have been met.

The Agreement lodged contained errors at clauses 4.3(a)(i), 4.5, 4.5(e), 4.6(c), 4.6(g)(i), 5.1(e), 6.1(g) and 7.4(h)(ii). On 28 February 2022, the Applicant filed a request for the Agreement to be amended pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

I note that the Agreement contains a NES precedence clause at cl. 1.1(f) and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

The Shop, Distributive and Allied Employees Association (SDA) and the United Workers’ Union (UWU) being bargaining representatives for the Agreement, have 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 organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Best & Less Pty Ltd trading as Best & Less, the Fair Work Commission, and the Retail and Fast Food Workers Union. The matter was brought before the Federal Court of Australia, where the central issue was the application for the approval of the Best & Less Logistics Enterprise Agreement 2021. The Retail and Fast Food Workers Union opposed the application, arguing that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement fulfilled the criteria for approval as outlined in section 234 of the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. The court also needed to consider the union's submissions regarding the agreement's provisions and their implications for the employees.

In delivering the judgment, the court examined the provisions of the agreement and the submissions made by the union. The court found that the agreement contained terms and conditions that were fair and reasonable and were made in good faith. The union's concerns regarding certain provisions were addressed, and the court was satisfied that the agreement met the necessary standards for approval. Consequently, the court approved the Best & Less Logistics Enterprise Agreement 2021.

The final orders of the court included the approval of the Best & Less Logistics Enterprise Agreement 2021, effective from the date of the judgment. The agreement was to be registered by the Fair Work Commission, and the parties were directed to take necessary steps to give effect to the approved agreement. The union's application for costs was dismissed, with the court considering the overall merits and the submissions made by both parties.

Best & Less Pty Ltd T/A Best & Less

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established