Glassons Australia Limited T/A Glassons
[2023] FWCA 2531
•11 AUGUST 2023
| [2023] FWCA 2531 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Glassons Australia Limited T/A Glassons
(AG2023/2191)
GLASSONS ENTERPRISE AGREEMENT 2023
| Retail industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 11 AUGUST 2023 |
Application for approval of the Glassons Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Glassons Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glassons Australia Limited T/A Glassons (the Applicant). The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 23 May 2023 and the Agreement was made on 29 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].
In the first instance I raised some concerns with the Applicant regarding the operation of the annualised salary provisions found at clause 4.9 of the Agreement. The Applicant has provided me with detailed explanations of how those salaries operate and an actual example of such a salary to allow me to conduct further analysis for BOOT purposes. I am now satisfied that the operation of that provision will not create any issues that would prevent approval.
Further, while I had concerns regarding the 12-month reconciliation process for annualised salaries, the Applicant directed my attention to the findings of the Full Court of the Federal Court in Qantas Airways Limited v Flight Attendants Association of Australia[2] and the existence of essentially identical provisions in Awards such as the Clerks - Private Sector Award 2020. Given that decision and the precedent established in Awards of the FWC, I am satisfied that the 12-month reconciliation process does not prevent approval of the Agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 11 August 2027.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
[2] Qantas Airways Limited v Flight Attendants Association of Australia [2020] FCAFC 227 at [68].
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