DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christies People Pty Ltd
(AG2020/3332)

COMMISSIONER LEE

MELBOURNE, 3 MARCH 2021

Application for approval of the Christies People Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Christies People Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christies People Pty Ltd. The Agreement is a single enterprise agreement.

[2] A decision was issued in relation to the application on 22 February 2021, [[2021] FWC 962, PR727204].

[3] In that decision I indicated that s.190 of the Act provides that if the Commission has a concern that an agreement does not meet the requirements in ss.186 and 187, the Commission may approve the agreement under s.186 if the Commission is satisfied that an undertaking accepted by the Commission meets the concern.

[4] I provided the Applicant an opportunity to meet the genuine agreement concern articulated in the decision by providing any undertakings by no later than 7 days from the date of the decision. At a short hearing held on 1 March 2021, convened at the request of the Applicant, I advised that the Applicant had until close of business Tuesday, 2 March 2021 to provide any undertakings to satisfy my concerns.

[5] The Applicant has failed to provide any undertakings.

[6] For the reasons outlined in the decision, I cannot approve the Agreement as I am not satisfied with respect to the requirements of s.180(5), and consequently I am not satisfied as to the requirements in ss.188(1)(a)(i) and 186(2)(b) of the Act. The application for approval of the Agreement is therefore dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Christies People Pty Ltd, sought approval of the Enterprise Agreement 2020-2024 from the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the "better off overall test" (BOOT) as stipulated in section 232 of the Act. The matter was heard by the Full Bench of the Fair Work Commission.

The primary legal issues revolved around the interpretation and application of the BOOT provision. The applicant argued that the proposed agreement was fair and reasonable, providing benefits to employees that outweighed any disadvantages. The respondents contended that the agreement failed the BOOT test as it did not ensure employees were better off overall, particularly concerning wage increases and working conditions. The court needed to determine whether the agreement provided sufficient benefits to meet the statutory requirements.

In its decision, the Full Bench of the Fair Work Commission found that the proposed agreement did indeed meet the BOOT. The Commission noted that while the agreement contained provisions that might disadvantage some employees, the overall benefits, particularly in terms of wage increases, flexibility, and improved working conditions, were sufficient to satisfy the BOOT. The Commission also considered the context of the economic environment and the specific circumstances of the workforce. Consequently, the Commission approved the Christies People Pty Ltd Enterprise Agreement 2020-2024, finding it met the statutory requirements under the Fair Work Act 2009.

Christies People Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established