Freedom Furniture Australia Pty Limited
[2025] FWCA 186
•17 JANUARY 2025
| [2025] FWCA 186 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Freedom Furniture Australia Pty Limited
(AG2024/4846)
FREEDOM RETAIL ENTERPRISE AGREEMENT 2024
| Retail industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 17 JANUARY 2025 |
Application for approval of the Freedom Retail Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Freedom Retail Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Freedom Furniture Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 15 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the General Retail Industry Award 2020 and Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Shop, Distributive and Allied Employees Association (SDA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Workplace delegates’ rights clause
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the General Retail Industry Award 2020 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2025. The nominal expiry date of the Agreement is 17 January 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527648 PR783409>
ANNEXURE A
0
0
0