DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mario Verroccchi & East Yarra Friendly Society Pty Ltd T/A My Chemist Health & Beauty Distribution
(AG2018/7437)

WESTERN AUSTRALIA H & B DISTRIBUTION ENTERPRISE AGREEMENT 2018

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DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Western Australia H & B Distribution Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Western Australia H & B Distribution Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mario Verroccchi & East Yarra Friendly Society Pty Ltd T/A My Chemist Health & Beauty Distribution. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 19 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Health and Beauty Distribution Enterprise Agreement 2018, as represented by Mario Verrocchhi and the East Yarra Friendly Society Pty Ltd trading as My Chemist Health & Beauty Distribution, to the Fair Work Commission for approval. The agreement sought to govern the terms and conditions of employment for health and beauty distribution workers in Western Australia. The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated the efficient and productive operation of the industry and protected workers' rights.

The legal issues before the court included whether the agreement provided fair and reasonable terms for employees, including appropriate wage rates, leave entitlements, and other conditions of employment. The court also had to consider whether the agreement allowed for the efficient and productive operation of the industry, including provisions for flexible working arrangements and the ability to respond to changing market conditions. Additionally, the court examined whether the agreement provided adequate protections for workers, including provisions for dispute resolution and protection from unfair dismissal.

In reaching its decision, the court found that the agreement provided fair and reasonable terms for employees, including appropriate wage rates and leave entitlements. The court also found that the agreement allowed for the efficient and productive operation of the industry, including provisions for flexible working arrangements and the ability to respond to changing market conditions. The court was satisfied that the agreement provided adequate protections for workers, including provisions for dispute resolution and protection from unfair dismissal. The court approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009.

The final orders of the court were that the Health and Beauty Distribution Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect for a period of five years from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website and made available to all parties affected by the agreement.

Mario Verroccchi & East Yarra Friendly Society Pty Ltd T/A My Chemist Health & Beauty Distribution

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established