DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cash Converters (Stores) Pty Ltd t/a Cash Converters
(AG2015/6043)

CC ENTERPRISE AGREEMENT 2015

Retail industry
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the CC Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CC Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cash Converters (Stores) Pty Ltd t/a Cash Converters. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 16 December 2019.

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 by Cash Converters (Stores) Pty Ltd, trading as Cash Converters, to have their Enterprise Agreement 2015 approved by the Commission. The dispute arose from negotiations between the employer and the Retail and Fast Food Workers Union, which represented the employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement 2015 complied with the statutory provisions of the Fair Work Act, specifically sections that require an enterprise agreement to provide for the terms and conditions of employment of the employees in the enterprise. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient method of determining wage rates and other conditions, as well as whether the agreement had been genuinely negotiated between the employer and the union representative.

In delivering its decision, the Fair Work Commission found that the Enterprise Agreement 2015 satisfied the statutory requirements under the Fair Work Act. The Commission concluded that the agreement provided for the terms and conditions of employment in a fair and efficient manner, and that it had been genuinely negotiated between the parties. The Commission approved the agreement, noting the benefits it offered to both the employer and the employees, and the way it facilitated a balanced approach to resolving any future workplace disputes.

The Commission's decision resulted in the approval of the Enterprise Agreement 2015, which was to apply to the employees of Cash Converters (Stores) Pty Ltd. The agreement was to come into effect from the date of the Commission's decision, and would remain in force until such time as it was replaced or terminated in accordance with the Fair Work Act. The Commission's approval of the agreement provided certainty for both the employer and employees, and established a framework for resolving any future workplace issues.

Cash Converters (Stores) Pty Ltd t/a Cash Converters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established