DECISION

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

Mario Verroccchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution
(AG2018/7438)

SOUTH AUSTRALIAN H & B DISTRIBUTION ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the South Australian H & B Distribution Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Australian 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 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

In the matter of Mario Verroccchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution, the applicant sought approval of the South Australian H & B Distribution Enterprise Agreement 2018. The case was heard in the Fair Work Commission, which was tasked with determining whether the application met the statutory criteria for approval under the Fair Work Act 2009. The dispute centred on the adequacy of the proposed enterprise agreement in terms of its compliance with legislative requirements and its fairness to the employees involved.

The central legal issue before the Commission was whether the application satisfied the criteria set out in section 232 of the Fair Work Act. This required the Commission to consider whether the proposed agreement had been fairly negotiated and whether it met the standards of public policy and best practice in workplace relations. Additionally, the Commission had to determine if the application process had been conducted in accordance with the relevant provisions of the Act.

In delivering its decision, the Commission meticulously examined the application and the proposed enterprise agreement. It found that the application was properly made and that the agreement had been fairly negotiated. The Commission was satisfied that the proposed terms and conditions were in line with public policy and best practice, and that the application process had been conducted in accordance with the Act. Consequently, the Commission approved the South Australian H & B Distribution Enterprise Agreement 2018, confirming its compliance with all necessary legal and procedural requirements.

Mario Verroccchi & East Yarra Friendly Society 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