Kmart Australia Limited Summary

[2013] FWCA 263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kmart Australia Limited
(AG2012/13038)

KMART AUSTRALIA LTD CANNINGVALE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER WILLIAMS	PERTH, 14 JANUARY 2013

Application for approval of the Kmart Australia Ltd Canningvale Distribution Centre Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Australia Ltd Canningvale Distribution Centre Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kmart Australia Limited. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Kmart Australia Limited, who sought approval of the Kmart Australia Ltd Canningvale Distribution Centre Enterprise Agreement 2012. The dispute arose as the company aimed to secure legal recognition and enforceability of the enterprise agreement, which outlined terms and conditions for employees at their Canningvale Distribution Centre. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the court centred on whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. This included whether genuine agreement had been reached, and if the agreement complied with the procedural requirements set out in the Act. Specifically, the court had to determine if the agreement was made fairly, without any coercion, and whether it covered all necessary aspects as required by the legislation.

The court examined the process through which the agreement was negotiated and concluded. It found that the agreement had been reached through genuine consultation and negotiation between the parties. The court was satisfied that the agreement was made without any unfair or coercive practices, and that it covered all necessary terms and conditions as required by the Fair Work Act. The court also noted that the agreement included provisions for the protection of employees' rights and interests. Consequently, the court approved the enterprise agreement, confirming its validity and enforceability under the Act.

The Fair Work Commission approved the Kmart Australia Ltd Canningvale Distribution Centre Enterprise Agreement 2012, thereby granting it legal recognition and enforceability. The court's decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of employment at the Canningvale Distribution Centre. The approval of the agreement allowed for the continued operation of the distribution centre under the agreed-upon terms, ensuring a stable and harmonious working environment.

Kmart Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established