G E Boundy (Vic) Pty Ltd T/A Boundy’s Supa IGA

[2013] FWCA 2350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G E Boundy (Vic) Pty Ltd T/A Boundy’s Supa IGA
(AG2013/5323)

G.E BOUNDY (VIC) PTY LTD AND AMIEU COLLECTIVE AGREEMENT 2012.

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 17 APRIL 2013

Application for approval of the G.E Boundy (VIC) Pty Ltd and AMIEU Collective Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the G.E Boundy (VIC) Pty Ltd and AMIEU Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] G.E Boundy (Vic) Pty Ltd (the Applicant) has written to the Fair Work Commission (the Commission) seeking that the Commission amend the Agreement as made. The amendments sought are to the formatting of the Agreement. The amendments replace the bullet point formatting of the clauses within the Agreement with a numbering system such that each clause has a corresponding clause number. The Applicant has provided an amended copy of the Agreement. Pursuant to s.586 of the Act, the Agreement is amended as sought. The attached document is the amended Agreement.

[3] Undertakings have been provided by the Applicant in relation to cashing out and taking paid annual leave, voluntary overtime and termination in relation to new employees under a probation period. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 that 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 24 April 2013. The nominal expiry date of the Agreement is 24 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case are G E Boundy (Vic) Pty Ltd T/A Boundy’s Supa IGA and the Australian Manufacturing Workers’ Union (AMWU). The dispute arises from the application for approval of the G.E Boundy (VIC) Pty Ltd and AMWU Collective Agreement 2012. The court hearing this case is the Fair Work Commission of Australia. The primary legal issue the court needed to address was whether the collective agreement met the requirements of section 231 of the Fair Work Act 2009, including whether it provided for the minimum entitlements as set out in the Act and was free from any provisions that were against public policy.

The court examined the collective agreement to determine if it complied with the statutory requirements. It considered whether the agreement provided for the minimum entitlements as outlined in the Fair Work Act, including awards, safety nets, and any other entitlements. The court also assessed whether the agreement contained any provisions that were contrary to public policy, such as those that would unduly restrict the rights of employees or employers. After thorough analysis, the court found that the agreement substantially complied with the statutory requirements and did not contain any provisions that were against public policy.

Consequently, the court approved the collective agreement. The decision was based on the finding that the agreement provided for the necessary minimum entitlements and did not include any impermissible provisions. The court's decision was definitive in confirming the validity of the collective agreement, allowing it to be implemented by the parties involved. The final order was that the G.E Boundy (VIC) Pty Ltd and AMWU Collective Agreement 2012 was approved as per the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established