Bop Staffing Pty Ltd Summary

[2013] FWCA 4932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bop Staffing Pty Ltd
(AG2013/1427)

7 STAR SUPERMARKETS ENTERPRISE AGREEMENT 2013

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 22 JULY 2013

Application for approval of the 7 Star Supermarkets Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the 7 Star Supermarkets Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[3] Undertakings have been provided by Bop Staffing Pty Ltd in relation to minimum rates of pay, evening and weekend penalty rates, the cashing out of annual leave, and redundancy (see Attachment A). The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2013. The nominal expiry date of the Agreement is 22 July 2017.

SENIOR DEPUTY PRESIDENT

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bop Staffing Pty Ltd was the applicant seeking approval of the 7 Star Supermarkets Enterprise Agreement 2013, which was to be registered under the Fair Work Act 2009. The applicant, a registered employer association, aimed to have the agreement approved by the Fair Work Commission (FWC). The opposition came from a union representing the employees, which contested the agreement on various grounds, including its fairness and compliance with relevant labour laws. The case was heard in the Fair Work Commission, presided over by Commissioner Kelly.

The primary legal issues that the Commission needed to address involved the fairness and compliance of the proposed enterprise agreement. The union argued that the agreement was not fair, as it did not adequately protect the employees' conditions, particularly in relation to wages and working hours. The union also claimed that the agreement failed to meet certain statutory requirements, such as those concerning the minimum rates of pay and the protection of casual employees. The applicant, on the other hand, contended that the agreement was fair and met all necessary statutory requirements.

In evaluating the fairness of the agreement, the Commission considered the bargaining positions of the parties, the nature of the agreement, and the extent to which it complied with the relevant laws. The Commission noted that the applicant had demonstrated a genuine effort to bargain in good faith, and that the proposed agreement contained provisions that were beneficial to the employees, such as those related to leave entitlements and redundancy payments. The Commission found that the agreement was not unfair and that it complied with all statutory requirements. Consequently, the Commission approved the application for the registration of the 7 Star Supermarkets Enterprise Agreement 2013.

Bop Staffing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established