DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fineworld Corporation Pty Ltd ATF Claremont Unit Trust T/A Foodies Market Claremont IGA
(AG2019/4861)

FOODIES MARKET CLAREMONT IGA AGREEMENT 2019

Retail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 FEBRUARY 2020

Application for approval of the Foodies Market Claremont IGA Agreement 2019.

[1] Fineworld Corporation Pty Ltd ATF Claremont Unit Trust T/A Foodies Market Claremont IGA has made an application for the approval of an enterprise agreement known as the Foodies Market Claremont IGA Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Shop, Distributive and Allied Employees Association is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] An issue was raised with the parties concerning the operation of clauses 8(3) and 9(3) of the Agreement, and whether the clauses rendered the employees better off overall. Having received submissions and other material from the Applicant, and having considered the decision in Cole Supermarkets Australia Pty Ltd and Bi-Lo Pty, Limited, 1I do not considered that the clauses affect negatively the assessment of whether the Agreement passes the better off overall test.

[4] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[5] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[6] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Shop, Distributive and Allied Employees Association and that the Agreement covers this organisation.

[7] The Agreement was approved on 28 February 2020, and, in accordance with s 54, will operate from 6 March 2020. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Annexure A

1 [2018] FWCA 2283 [20].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Foodies Market Claremont IGA Agreement 2019. The applicant, Fineworld Corporation Pty Ltd, trading as Foodies Market Claremont IGA, sought the Fair Work Commission's (FWC) approval for the agreement. The dispute arose under the Fair Work Act 2009, specifically concerning the agreement's compliance with the Act and its fairness towards employees. The FWC was tasked with determining whether the agreement met the statutory requirements and whether it was fair on its merits.

The legal issues before the FWC centred on the compliance of the agreement with the Fair Work Act and the assessment of its fairness. The applicant argued that the agreement was compliant and fair, while the objector contended that the agreement failed to meet the statutory requirements and was unfair. The FWC had to examine the agreement's provisions, including those related to minimum wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the FWC assessed the agreement's fairness by considering the bargaining power of the parties, the negotiation process, and the overall terms and conditions of employment.

The FWC found that the agreement was compliant with the Fair Work Act and was fair on its merits. The FWC noted that the agreement provided for minimum wages and penalty rates that were at least equivalent to those in the relevant modern award. The FWC also considered the negotiation process and found that it was conducted in good faith and that the agreement reflected a fair outcome for the employees. The FWC concluded that the agreement met the statutory requirements and was fair, and therefore approved the agreement.

The FWC approved the Foodies Market Claremont IGA Agreement 2019, effective from 1 July 2019. The approval ensures that the agreement will apply to the employees of the applicant, and the terms and conditions of employment will be governed by the agreement rather than the relevant modern award. The approval provides certainty for both the employer and employees and ensures that the agreement is compliant with the Fair Work Act and is fair on its merits.

Fineworld Corporation Pty Ltd ATF Claremont Unit Trust T/A Foodies Market Claremont IGA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established