DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution
(AG2017/2253)

SOUTH AUSTRALIAN H & B DISTRIBUTION ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER JOHNS	SYDNEY, 28 JULY 2017

Application for approval of the South Australian H & B Distribution Enterprise Agreement 2017.

[1] On 15 June 2017 Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution (Applicant) made an application for approval of the South Australian H & B Distribution Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 August 2017. The nominal expiry date of the Agreement is 4 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mario Verrocchi and East Yarra Friendly Society, trading as My Chemist Health & Beauty Distribution, were involved in a dispute regarding the approval of the South Australian H & B Distribution Enterprise Agreement 2017. The application was heard before the Fair Work Commission. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the interests of employees and if it was fair and reasonable.

The Commission considered the submissions and evidence presented by both parties. It assessed the terms of the agreement in light of the legislative criteria, including the extent to which it provided for the fair and reasonable terms and conditions of employment. The Commission also examined the process by which the agreement was reached, including the extent of employee and employer participation. Ultimately, the Commission concluded that the agreement was in the interests of employees and was fair and reasonable. It approved the agreement based on the evidence and arguments presented.

The Fair Work Commission approved the South Australian H & B Distribution Enterprise Agreement 2017, finding it met the necessary criteria under the Fair Work Act 2009. The decision highlights the importance of ensuring that enterprise agreements are fair, reasonable, and in the interests of employees. The approval of this agreement sets a precedent for similar agreements in the health and beauty distribution industry in South Australia.

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