DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Levi Strauss (Australia) Pty Ltd
(AG2018/3579)

LEVI STRAUSS (AUSTRALIA) PTY LTD DISTRIBUTION CENTRE EMPLOYEE COLLECTIVE AGREEMENT 2017-2021

Retail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JANUARY 2019

Application for approval of the Levi Strauss (Australia) Pty Ltd Distribution Centre Employee Collective Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Levi Strauss (Australia) Pty Ltd Distribution Centre Employee Collective Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Levi Strauss (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Levi Strauss (Australia) Pty Ltd applied to the Fair Work Commission for approval of a collective agreement made with employees at its distribution centre. The respondents to the application were the Australian Manufacturing Workers' Union, Retail and Fast Food Workers' Union, and Shop, Distributive and Allied Employees' Association. The matter was heard in the Commission's Sydney registry. The primary issue before the Commission was whether the collective agreement was in the best interests of the employees covered by it. In deciding this, the Commission considered the terms of the agreement, the context in which it was made, and whether it provided a fair and reasonable outcome for the employees.

The Commission noted that the agreement had been made following extensive negotiations between the parties. The agreement provided for a range of terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement provided for a number of benefits for employees, such as the establishment of a health and wellness program and the provision of training and development opportunities. The Commission considered that the agreement provided a fair and reasonable outcome for the employees covered by it, and that it was in their best interests.

Accordingly, the Commission approved the collective agreement, subject to certain modifications. The modifications related to the calculation of overtime rates and the availability of shift allowances. The modifications were made in order to ensure that the agreement complied with relevant industrial instruments and legislative requirements. The employer and the unions were given the opportunity to make submissions on the modifications, and the Commission considered their submissions before making its final decision.

The final orders of the Commission were that the collective agreement be approved, subject to the modifications made by the Commission. The employer and the unions were also directed to take all necessary steps to give effect to the approved agreement. The decision provides useful guidance for employers and unions on the factors that the Commission will consider when deciding whether to approve a collective agreement. It also highlights the importance of ensuring that collective agreements comply with relevant industrial instruments and legislative requirements.

Levi Strauss (Australia) 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