Fewstone Pty Ltd T/A City Beach Australia

[2023] FWCA 1774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fewstone Pty Ltd T/A City Beach Australia

(AG2023/1497)

CITY BEACH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 16 JUNE 2023

Application for approval of the City Beach Distribution Centre Enterprise Agreement 2023.

Fewstone Pty Ltd T/A City Beach Australia (the Employer) has made an application for the approval of the City Beach Distribution Centre Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fewstone Pty Ltd, trading as City Beach Australia, applied to the Fair Work Commission for approval of the City Beach Distribution Centre Enterprise Agreement 2023. The dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" and whether it contained all the mandated terms and conditions of employment. The Fair Work Commission was tasked with determining the validity and fairness of the agreement in light of these statutory requirements.

The legal issues before the Commission were whether the agreement provided employees with a safety net of minimum wages and conditions, whether it ensured that employees were no worse off than they would have been under the applicable award or safety net provisions, and whether the agreement contained all the necessary mandated terms. Additionally, the Commission had to assess whether the agreement had been genuinely negotiated and whether it complied with the procedural requirements of the Act, such as the proper provision of relevant documents to employees and the opportunity for employees to seek independent legal advice.

The Commission considered the evidence and submissions from both parties, focusing on the fairness and reasonableness of the proposed agreement. It found that the agreement provided employees with a safety net of minimum wages and conditions and ensured that they were not worse off than under the applicable award. The Commission also determined that the agreement contained all the necessary mandated terms and that the procedural requirements of the Act had been met. Consequently, the Commission approved the City Beach Distribution Centre Enterprise Agreement 2023, finding it to be a lawful and fair agreement that met the statutory requirements of the Fair Work Act 2009.

The Fair Work Commission approved the City Beach Distribution Centre Enterprise Agreement 2023, confirming its compliance with the statutory requirements of the Fair Work Act 2009. The Commission found that the agreement provided employees with a safety net of minimum wages and conditions, ensured that they were not worse off than under the applicable award, and contained all the necessary mandated terms. Additionally, the Commission was satisfied that the procedural requirements of the Act had been met, including the proper provision of relevant documents to employees and the opportunity for employees to seek independent legal advice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established