Lululemon Athletica Australia Pty Ltd trading as lululemon athletica

[2025] FWCA 3140

[2025] FWCA 3140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lululemon Athletica Australia Pty Ltd trading as lululemon athletica

(AG2025/2238)

LULULEMON ATHLETICA AUSTRALIA PTY LTD RETAIL ENTERPRISE AGREEMENT 2025

Retail industry
COMMISSIONER YILMAZ	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the lululemon athletica Australia Pty Ltd Retail Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the lululemon athletica Australia Pty Ltd Retail Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by lululemon Athletica Australia Pty Ltd trading as lululemon athletica. The Agreement is a single enterprise agreement.

1. In response to the Employer’s undertakings and submissions provided to address concerns raised by the Commission, the Commission received correspondence stating that the employee bargaining representatives had concerns regarding the negotiation process, aspects of the Agreement and contended that the undertakings did not pass the better off overall test. The correspondence was signed off by an employee and did not identify the bargaining group with the alleged concerns. The Employer provided submissions in response. Having reviewed the submissions and evidence, I am satisfied that the matters do not raise concern about genuine agreement, whether the better off overall test is met or the majority vote in support. The evidence in support of the processes undertaken satisfy the requirements of s.188 of the Act and Statement of Principles on Genuine Agreement. There were 8 employee bargaining representatives engaged in the process and how many of these in addition to the writer are represented by the correspondence is unknown. Nevertheless, while one or more of the bargaining representatives may have been dissatisfied with some aspects of the process, the concerns raised are insufficient to affect approval of the Agreement. Further I do observe that 842 of the 1116 employees cast a vote and 834 voted to approve the Agreement. This represents a strong majority. The Agreement was signed by an employee also an employee bargaining representative.

1. I also note the Shop, Distributive and Allied Employees Association (SDA) sought copies of the application form F16 and employer’s declaration form F17 and indicated they may seek to be heard in relation to the workplace delegates’ rights term. However, upon being advised by my Chambers that the term will be inserted into the Agreement, the SDA confirmed they do not seek to be heard, nor did they make any further submissions regarding the Agreement.

1. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the General Retail Industry Award 2020 is taken to be a term of the Agreement.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. Clause 1.3 of the Agreement provides that this Agreement will commence on the first full pay period 14 days after the Agreement is approved by the Fair Work Commission. I requested the Employer provide the dates of the upcoming pay periods for the purposes of specifying a later date of commencement as allowed by s.54(1)(b) of the Act which provides that a later date can be specified in the agreement.

1. The Agreement is approved and in accordance with s.54, will operate from 29 September 2025. The nominal expiry date of the Agreement is 17 September 2029.

COMMISSIONER

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Annexure A