DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMS Retail Group Pty Ltd T/A Champions IGA Supermarkets
(AG2019/2112)

CHAMPIONS IGA SUPERMARKET ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER LEE	MELBOURNE, 25 JULY 2019

Application for approval of the Champions IGA Supermarket Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Champions IGA Supermarket Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BMS Retail Group Pty Ltd T/A Champions IGA Supermarkets. 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Champions IGA Supermarket Enterprise Agreement 2019. BMS Retail Group Pty Ltd, trading as Champions IGA Supermarkets, sought approval of the agreement which was negotiated with the Retail and Fast Food Workers Union. The union represented the interests of various employees working within the Champions IGA Supermarkets across different locations in Australia.

The primary legal issue before the Commission was whether the agreement met the requirements under the Fair Work Act 2009 for being a single, indivisible enterprise agreement. Specifically, the Commission needed to assess if the agreement covered all employees within the nominated enterprise and if it adhered to the criteria for being a single, indivisible agreement. The Commission also considered whether the agreement contained terms and conditions that were fair and reasonable for the employees.

The Fair Work Commission found that the agreement did indeed meet the requirements for being a single, indivisible enterprise agreement. The Commission noted that the agreement was negotiated in good faith and that it covered all employees within the nominated enterprise. The terms and conditions of the agreement were found to be fair and reasonable, taking into account the nature of the business and the economic circumstances of the parties involved. The Commission highlighted the comprehensive nature of the agreement, which included provisions on wages, working hours, leave entitlements, and other employment conditions. Consequently, the Commission approved the agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act.

The Commission's decision concluded that the Champions IGA Supermarket Enterprise Agreement 2019 should be approved and registered. This decision ensures that the agreement will serve as the governing document for the employment conditions of the workers within the nominated enterprise, providing certainty and stability to both the employer and the employees.

BMS Retail Group Pty Ltd T/A Champions IGA Supermarkets

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established