IGA Distribution Pty Ltd

[2013] FWCA 4224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IGA Distribution Pty Ltd
(AG2013/7072)

IGA DISTRIBUTION PTY LTD NSW ENTERPRISE AGREEMENT 2013

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 28 JUNE 2013

Application for approval of the IGA Distribution Pty Ltd NSW Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the IGA Distribution Pty Ltd NSW Enterprise Agreement 2013 (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] 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.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date of the Agreement is 15 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, IGA Distribution Pty Ltd sought approval for the IGA Distribution Pty Ltd NSW Enterprise Agreement 2013. The agreement was between the company and the Retail and Fast Food Workers Union of Australia. The dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant federal and state industrial laws.

The primary legal issues involved whether the agreement provided fair and reasonable terms for the employees, whether it was negotiated in good faith, and if it complied with the relevant industrial laws, including the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission also had to determine whether the agreement met the requirements for being made under a single touch notification process.

The Commission found that the agreement was fair and reasonable, having been negotiated in good faith. The terms and conditions provided were considered appropriate for the industry and were not contrary to public policy. The agreement was also found to comply with all relevant industrial laws, including the notification process. The Commission approved the IGA Distribution Pty Ltd NSW Enterprise Agreement 2013, recognising its fairness and compliance with the legal requirements.

The Commission's decision was based on the evidence presented and the applicable legal framework. The agreement was approved, and the terms and conditions outlined in the IGA Distribution Pty Ltd NSW Enterprise Agreement 2013 were deemed to be in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established