DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HP Distribution Pty Limited
(AG2016/6402)

HP DISTRIBUTION PTY LTD ENTERPRISE AGREEMENT 2016

Storage services
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 6 DECEMBER 2016

Application for approval of the HP Distribution Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the HP Distribution Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HP Distribution Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers and Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 31 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, HP Distribution Pty Limited was the subject of an application for the approval of the HP Distribution Pty Ltd Enterprise Agreement 2016. The matter was heard by Deputy President J T, and the applicant was represented by counsel while the respondent, the Retail and Fast Food Workers Union of Australia, was not represented. The applicant sought to have the agreement approved as a low paid industry award and a safety net award, in accordance with the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the criteria for approval as a low paid industry award and a safety net award.

The Commission considered the provisions of the Fair Work Act 2009, which outlined the criteria for the approval of enterprise agreements as low paid industry awards and safety net awards. The Commission noted that the agreement provided for minimum rates of pay and conditions of employment that were at or above the relevant award rates and that it met the requirements for approval as a low paid industry award and a safety net award. The Commission also considered the evidence presented by the applicant and was satisfied that the agreement had been fairly and appropriately negotiated. The Commission approved the agreement as a low paid industry award and a safety net award.

The Commission made orders approving the HP Distribution Pty Ltd Enterprise Agreement 2016 as a low paid industry award and a safety net award. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement from the date of registration. The orders also provided for the agreement to be published on the Fair Work Commission's website and for the applicant to provide a copy of the agreement to the respondent and to any employees covered by the agreement who requested it. The respondent was given the right to apply to the Fair Work Commission for the variation of the agreement in the future.

HP Distribution Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established