DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution
(AG2019/1346)

QUEENSLAND H & B DISTRIBUTION ENTERPRISE AGREEMENT 2019

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DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MAY 2019

Application for approval of the Queensland H & B Distribution Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland H & B Distribution Enterprise Agreement 2019 (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] 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 11 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mario Verrocchi, and East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution, applied for the approval of the Queensland Health & Beauty Distribution Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The applicant sought to have the agreement approved as a modern award, which would allow it to supersede the relevant award in the Queensland retail industry.

The primary legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that a modern award must provide for terms and conditions that are not less favourable than those provided by the relevant award. The Commission also needed to ensure that the agreement contained the necessary "no disadvantage" and "better off overall" tests, which required that the agreement did not place employees in a position worse than they would be under the relevant award, and that it provided for a net benefit to the employees.

The Commission found that the agreement satisfied the statutory requirements, including the "no disadvantage" and "better off overall" tests. The agreement provided for terms and conditions that were at least as favourable as those in the relevant award, and it included provisions for pay rates, allowances, and conditions that were consistent with industry standards. The Commission noted that the agreement had been negotiated in good faith between the parties and that it provided for a fair and reasonable outcome for all employees covered by the agreement. As a result, the Commission approved the agreement as a modern award.

The final orders of the Commission were that the Queensland Health & Beauty Distribution Enterprise Agreement 2019 be approved as a modern award under section 175 of the Fair Work Act. The agreement will now supersede the relevant award in the Queensland retail industry, providing employees with improved terms and conditions of employment. The Commission also noted that the agreement would provide for greater certainty and stability in the industry, which would benefit both employers and employees.

Mario Verrocchi & 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