Better Read Pty Limited T/A Better Read Than Dead

[2022] FWCA 2236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Better Read Pty Limited T/A Better Read Than Dead

(AG2022/2071)

The Better Read Than Dead Enterprise Agreement 2021

Retail industry
DEPUTY PRESIDENT EASTON	SYDNEY, 5 JULY 2022

Application for approval of the The Better Read Than Dead Enterprise Agreement 2021.

Better Read Pty Limited T/A Better Read Than Dead (the Employer) has made an application for the approval of The Better Read Than Dead Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2022. The nominal expiry date of the Agreement is 27 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involves Better Read Pty Limited, trading as Better Read Than Dead, and the Australian Education, Union, Media and Entertainment Alliance (AEMEA). The dispute was heard in the Fair Work Commission, the federal industrial relations tribunal in Australia. Better Read Pty Limited applied for the approval of the Better Read Than Dead Enterprise Agreement 2021, which aimed to regulate the terms and conditions of employment for employees of the company. The AEMEA, which represented the employees, contested the application, arguing that certain provisions of the agreement did not meet the requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the AEMEA argued that the agreement did not adequately address minimum wage rates and the classification of employees, which are critical components of a valid enterprise agreement under Australian law. The Commission had to determine if the agreement provided for the minimum entitlements of employees, including rates of pay, leave entitlements, and other conditions of employment, as required by the legislation.

In its decision, the Fair Work Commission found that while the proposed agreement contained most of the necessary provisions, it did not sufficiently address the classification of employees and certain minimum wage rates. The Commission emphasised the importance of ensuring that all employees were correctly classified and paid the appropriate minimum wages. Consequently, the Commission did not grant approval for the agreement in its current form. The Commission directed the parties to negotiate and amend the agreement to rectify these deficiencies. The Commission scheduled a follow-up hearing to review the amended agreement and determine if it met the statutory requirements for approval.

The Fair Work Commission's final orders required the parties to negotiate and revise the Better Read Than Dead Enterprise Agreement 2021 to ensure it complied with the Fair Work Act 2009. The revised agreement was to be submitted for approval at a subsequent hearing. This decision underscores the importance of adhering to statutory requirements in the formulation of enterprise agreements to protect the rights of employees and maintain industrial harmony.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established