DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best & Less Pty Ltd T/A Best & Less
(AG2018/3219)

BEST & LESS ENTERPRISE AGREEMENT

Retail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Best & Less Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Best & Less Enterprise Agreement 2018 (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.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Shop, Distributive and Allied Employees Association 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 31 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Best & Less Pty Ltd, trading as Best & Less, applied to the Fair Work Commission for the approval of the Best & Less Enterprise Agreement 2018. The application arose from negotiations between Best & Less and the Retail and Fast Food Workers Union of Australia, representing certain employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically whether these terms complied with the relevant legislative framework.

The central legal issue before the Commission was whether the provisions of the Enterprise Agreement were consistent with the Fair Work Act 2009 and associated regulations. Key points of contention included the classification of employees, wage rates, working hours, and other employment conditions. The Commission had to determine whether the agreement fairly reflected the needs of both employers and employees and did not unfairly disadvantage any party.

In delivering its decision, the Fair Work Commission examined each contested provision of the Enterprise Agreement against the statutory requirements. The Commission noted that the agreement addressed the classification and pay rates of various employee categories, including sales assistants and managers. After considering submissions from both parties and relevant precedents, the Commission found that the proposed agreement met the necessary standards for approval. It found that the agreement provided for a fair and balanced set of terms that were consistent with broader industry practices and did not unduly disadvantage any party.

The Fair Work Commission approved the Best & Less Enterprise Agreement 2018, subject to the terms and conditions specified in the order. The approval was effective from the date of the decision, ensuring that the agreement would govern the employment terms of the relevant employees moving forward.

Best & Less Pty Ltd T/A Best & Less

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established