IGA Distribution (VIC) Pty Ltd

[2014] FWCA 321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IGA Distribution (VIC) Pty Ltd
(AG2014/3356)

IGA DISTRIBUTION VIC. PTY LTD AND SHOP DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION, ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2014

Application for approval of the IGA Distribution Vic. Pty Ltd and Shop Distributive and Allied Employees Association, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the IGA Distribution Vic. Pty Ltd and Shop Distributive and Allied Employees Association, Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IGA Distribution (VIC) Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Shop, Distributive and Allied Employees Association 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 that the Agreement covers this organisation.

[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, IGA Distribution (VIC) Pty Ltd, sought approval of the IGA Distribution Vic. Pty Ltd and Shop Distributive and Allied Employees Association, Enterprise Agreement 2013. The respondent, Shop Distributive and Allied Employees Association, did not oppose the application. The dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement.

The legal issues before the Commission involved verifying whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was a "good faith" bargain, whether it provided for a safety net of minimum wages and conditions, and whether it complied with the process provisions of the Act. The Commission also needed to determine if the agreement was in the public interest and whether any provisions were contrary to public policy.

The Commission found that the agreement was a genuine attempt at bargaining in good faith and met the requirements of the Act. It provided for a safety net of minimum wages and conditions and complied with the process provisions. The Commission concluded that the agreement was in the public interest and did not contravene any public policy. As a result, the Commission approved the enterprise agreement. The Commission ordered that the agreement be registered and made binding on the parties from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established