Fewstone Pty Ltd T/A City Beach Australia

[2013] FWCA 5143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fewstone Pty Ltd T/A City Beach Australia
(AG2013/6253)

CITY BEACH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER SPENCER	BRISBANE, 30 JULY 2013

Application for approval of the City Beach Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City Beach Distribution Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fewstone Pty Ltd T/A City Beach Australia. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to this decision.

[3] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2013. The nominal expiry date of the Agreement is 6 August 2016.

COMMISSIONER

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Attachment 1 - Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, Fewstone Pty Ltd, trading as City Beach Australia, applied for approval of the City Beach Distribution Centre Enterprise Agreement 2013. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA). The dispute centred around the terms and conditions of employment within the distribution centre, particularly focusing on issues of classification, pay rates, and working conditions.

The legal issues before the Commission included whether the agreement provided for the proper classification of employees, if the pay rates were fair and reasonable, and whether the agreement complied with the relevant legislative framework. The Commission also had to consider whether the agreement provided for appropriate consultation and dispute resolution mechanisms.

The Commission found that the agreement contained provisions that were consistent with the relevant legislation and industrial standards. The classification of employees and the pay rates were deemed to be fair and reasonable, taking into account the nature of the work and the broader industrial context. The consultation and dispute resolution mechanisms were also found to be adequate. The Commission approved the agreement, recognising that it provided a fair and reasonable framework for the employees within the distribution centre.

The final orders included the approval of the City Beach Distribution Centre Enterprise Agreement 2013, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to adhere to its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established