DECISION

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

Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution
(AG2018/7441)

NEW SOUTH WALES H & B DISTRIBUTION ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2019

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

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

The applicant, Mario Verrocchi, and East Yarra Friendly Society trading as My Chemist Health & Beauty Distribution, approached the court for approval of the New South Wales Health & Beauty Distribution Enterprise Agreement 2018. This agreement was proposed as a new enterprise agreement to replace the existing agreement which had expired. The dispute centred around whether the proposed agreement was in compliance with the necessary legal requirements and whether it adequately represented the interests of the employees.

The primary legal issues that the court had to decide upon were whether the proposed agreement was an enterprise agreement within the meaning of the Fair Work Act 2009, and whether the agreement had been appropriately certified by the Fair Work Commission. Additionally, the court needed to determine if the agreement was fair and reasonable, and whether it had been negotiated in good faith. The court also considered the extent to which the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations.

The court examined the provisions of the Fair Work Act and the Fair Work Regulations, as well as the certification process undertaken by the Fair Work Commission. The court found that the proposed agreement met all the legal criteria for approval, including being fairly negotiated and meeting the requirements for good faith bargaining. The court further held that the agreement was fair and reasonable and did not disadvantage any party. The court was satisfied that the agreement was properly certified by the Fair Work Commission and that the process of negotiation and certification had been conducted in accordance with the law.

The court approved the New South Wales Health & Beauty Distribution Enterprise Agreement 2018, and the applicant's application was granted.

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