DECISION

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

Haigh Retail Pty Ltd ATF Haigh Retail Trust T/A Haigh's Chocolates
(AG2015/77)

HAIGH'S RETAIL ENTERPRISE AGREEMENT 2014.

Retail industry
COMMISSIONER BULL	SYDNEY, 2 MARCH 2015

Application for approval of the Haigh's Retail Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

Haigh's Retail Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] On 6 February 2015, the Commission wrote to the applicant, The Shop Distributive and Allied Employees’ Association (the Union Bargaining Representative), and employee bargaining representatives with respect to penalty rates for Sundays under the Agreement being less than the General Retail Industry Award 2010 (the Award) being the relevant award for the purpose of the better off overall test.

[3] Correspondence was received from the applicant on 11 February 2015.

Sunday Penalty Loading

[4] With respect to clause 29.3 - Rostered Weekends and Late Night Trade, and in particular sub clause 29.3(iii)(b), the Agreement provides a :

i. 70% loading on Sundays for permanent employees; and

ii. 90% loading on Sundays for casual employees inclusive of the casual loading.

[5] The Commission noted that the above penalty loadings for Sundays are lower than provided under the Award, however, with regard to clause 29.3 of the Agreement, which states that all permanent employees will be rostered to work only one Saturday and Sunday per consecutive four week cycle, and higher base rates of pay, the Commission is satisfied that employees would be better off under the Agreement.

[6] Additionally, at the request of the Commission, the applicant submitted a number of indicative and reflective rosters to demonstrate that employees would be better off under the Agreement, despite the lower Sunday penalty loading.

[7] 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.

[8] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Haigh Retail Pty Ltd, trading as Haigh's Chocolates, and its employees represented by the Retail and Fast Food Workers Union of Australia. The dispute centred on the application for approval of the Haigh's Retail Enterprise Agreement 2014. The Fair Work Commission heard the matter, tasked with determining whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. The Commission was required to consider various aspects, including the fairness of the agreement, its compliance with the procedural requirements, and whether it met the minimum terms and conditions as stipulated by the Act.

The primary legal issues the Commission needed to address were whether the agreement had been negotiated in good faith, if the necessary procedural steps were followed, and whether the agreement complied with the Fair Work Act's provisions. The Commission also examined whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets. Additionally, the Commission assessed whether there was adequate employee representation and if the agreement adequately addressed the interests of the employees.

In its decision, the Fair Work Commission found that the agreement had been negotiated in good faith and that the procedural requirements were adequately met. The Commission concluded that the agreement was fair and complied with the necessary provisions of the Fair Work Act. The Commission was satisfied that the agreement provided for terms and conditions that were not less favourable than the minimum standards set out in the relevant awards and safety nets. The Commission also determined that there was sufficient employee representation and that the agreement addressed the interests of the employees appropriately. Based on these findings, the Commission approved the Haigh's Retail Enterprise Agreement 2014.

The final orders of the Fair Work Commission approved the Haigh's Retail Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the employees of Haigh Retail Pty Ltd, ensuring that the agreement met the legal standards required under the Fair Work Act.

Haigh Retail Pty Ltd ATF Haigh Retail Trust T/A Haigh's Chocolates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established