IGA Distribution (WA) Pty Ltd

[2013] FWCA 3044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IGA Distribution (WA) Pty Ltd
(AG2013/6390)

IGA DISTRIBUTION (WA) PTY LTD AND SDA ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER WILLIAMS	PERTH, 10 JUNE 2013

Application for approval of the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the IGA Distribution (WA) Pty Ltd and SDA 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 (WA) Pty Ltd. 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.

[3] Clause 40−Introduction of Change of the Agreement does not provide for employee representatives other than the “SDA” and so does not meet the requirements of s.205(1)(b) of the Act. As a consequence, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2013. The nominal expiry date of the Agreement is 19 March 2015.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IGA Distribution (WA) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2013. The dispute involved the terms and conditions of employment of the employees covered by the agreement, which included issues such as wages, hours of work, leave entitlements and other employment conditions. The application was heard by the Fair Work Commission, which is the independent national workplace relations tribunal in Australia.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act, including the requirements for good faith bargaining and procedural fairness. The Commission also had to consider whether the agreement provided for proper consultation with the employees and whether it was consistent with the principles of the Australian workplace relations system.

In its decision, the Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements and other employment conditions. The Commission also found that the agreement complied with the provisions of the Act, including the requirements for good faith bargaining and procedural fairness. The Commission concluded that the agreement was consistent with the principles of the Australian workplace relations system and provided for proper consultation with the employees. The Commission approved the agreement and it came into effect on 1 July 2014.

No further orders were made by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established