DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HP Distribution Pty Ltd
(AG2018/7367)

BIG W HOXTON PARK DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER JOHNS	SYDNEY, 2 APRIL 2019

Application for approval of the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by HP Distribution Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers (NUW) and The Shop, Distributive and Allied Employees Association (SDA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HP Distribution Pty Ltd was the applicant in this matter, seeking approval of the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2019 under the Fair Work Act 2009. The applicant's employees were represented by the Shop, Distributive and Allied Employees Association (SDA). The Federal Court was tasked with determining whether the agreement met the criteria for registration as prescribed by the Act.

The primary legal issue before the Court was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Court had to examine whether the agreement was made in good faith, contained certain mandatory terms, and was supported by majority votes of the employees and employers involved. The Court also had to determine if the agreement was in the best interests of the employees and the employer, as required by the Act.

The Court found that the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. The agreement was made in good faith, contained the necessary mandatory terms, and had been supported by majority votes of the employees and employers involved. The Court was satisfied that the agreement was in the best interests of the employees and the employer. Consequently, the Court approved the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2019 and registered it under the Fair Work Act.

The Court ordered that the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2019 be registered under the Fair Work Act. This registration was effective from the date of the Court's decision and would apply to the employees and employers involved in the agreement.

HP Distribution Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established