DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IGA Distribution (WA) Pty Ltd
(AG2015/2453)

IGA DISTRIBUTION (WA) PTY LTD AND SDA ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2015

Application for approval of the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2015 (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 as are relevant to this application for approval have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 April 2015 and, in accordance with s.54 of the Act, will operate from 4 May 2015. The nominal expiry date of the Agreement is 19 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves IGA Distribution (WA) Pty Ltd and the Shop, Distributive and Allied Employees Association (SDA). The dispute concerns the application for approval of the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2015. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved, considering its compliance with relevant legislative provisions.

The primary legal issue before the FWC was whether the enterprise agreement contained provisions that complied with the Fair Work Act 2009. The FWC had to scrutinise whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. Additionally, the FWC considered whether the agreement adequately covered the prescribed minimum terms and conditions, and if it met the criteria for being a single, integrated agreement.

The FWC examined the agreement's provisions, focusing on its compliance with the Fair Work Act. The FWC found that the agreement met the legislative requirements and was made in good faith. It confirmed that the agreement provided for fair and reasonable terms and conditions and covered the prescribed minimum terms and conditions. The FWC approved the agreement, highlighting its comprehensive nature and the parties' commitment to fair negotiations.

As a result of the FWC's decision, the IGA Distribution (WA) Pty Ltd and SDA Enterprise Agreement 2015 was approved, and its terms became binding on the parties. This decision ensures that the employees covered by the agreement receive fair and reasonable terms and conditions, while also providing clarity and stability to the employer.

IGA Distribution (WA) 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