DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mario Verrocchi & East Yarra Friendly Society Ltd T/A My Chemist Health & Beauty Distribution
(AG2015/6283)

BANYO H & B DISTRIBUTION ENTERPRISE AGREEMENT 2015

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DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Banyo H & B Distribution Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Banyo H & B Distribution Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 10 December 2015 and, in accordance with s.54, will operate from 17 December 2015. The nominal expiry date of the Agreement is 17 December 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involves Mario Verrocchi, trading as My Chemist Health & Beauty Distribution, and East Yarra Friendly Society Ltd. The dispute concerns the approval of the Banyo Health & Beauty Distribution Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The legal issues before the Commission revolved around whether the enterprise agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements under the Fair Work Act 2009.

The Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees. Key considerations included whether the agreement was free from coercion and undue influence, and whether it met the "better off overall test" (BOOT) that ensures employees are no worse off financially and, in some cases, better off overall. The Commission also examined whether the agreement provided adequate protections for employees in terms of working conditions, wages, and other employment-related matters.

In its reasoning, the Commission found that the agreement was generally fair and met the necessary legal standards. It noted that the agreement had been negotiated in good faith and that employees had been adequately informed about its terms. The Commission concluded that the agreement was in the best interests of the employees and was compliant with the Fair Work Act 2009. As a result, the application for approval of the Banyo Health & Beauty Distribution Enterprise Agreement 2015 was successful.

The final orders of the Commission approved the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until superseded by a new agreement or terminated in accordance with the provisions of the Fair Work Act 2009.

Mario Verrocchi & East Yarra Friendly Society 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