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

[2024] FWCA 1255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Best & Less Pty Ltd T/A Best & Less

(AG2024/637)

BEST & LESS ENTERPRISE AGREEMENT 2023

Retail industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 8 APRIL 2024

Application for approval of the Best & Less Enterprise Agreement 2023

Introduction

Best & Less Pty Ltd T/A Best & Less (the Employer) has made an application for approval of an enterprise agreement known as the Best & Less Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

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 SDA.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

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 approval of the Best & Less Enterprise Agreement 2023. The applicant, which operates a chain of retail stores, sought to finalise an agreement that would govern the terms and conditions of employment for its retail employees. The application followed a period of negotiation between the company and the Retail and Fast Food Workers Union, which represents the employees. The union contested certain aspects of the proposed agreement, leading to the need for the Commission to review and determine its validity.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those concerning procedural fairness, and whether it met the criteria for being a "better off overall" agreement. The union argued that the agreement did not provide fair compensation and that the process leading to its negotiation was flawed. The Commission had to assess the procedural fairness of the agreement-making process and determine if the proposed terms were fair and reasonable in all aspects.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was made in a procedurally fair manner and that it provided terms and conditions that were fair and reasonable. The Commission concluded that the agreement met the "better off overall" test, ensuring that employees were not worse off than they would have been under their existing awards. Consequently, the Commission approved the Best & Less Enterprise Agreement 2023, setting the terms and conditions for the employees of Best & Less for the specified period. This decision provides clarity and certainty for both the employer and the employees moving forward.

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