DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution
(AG2015/7215)

SOMERTON H & B DISTRIBUTION ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Somerton 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 16 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Mario Verrocchi, trading as My Chemist Health & Beauty Distribution, and the East Yarra Friendly Society. They sought the court's approval for the Somerton Health & Beauty Distribution Enterprise Agreement 2015. The court was asked to determine whether the agreement was suitable for the workforce and complied with the relevant legislative framework.

The primary legal issue was whether the enterprise agreement provided a fair safety net for employees and was consistent with the principles of the Fair Work Act 2009. This required the court to consider the specifics of the agreement, including terms related to wages, conditions, and dispute resolution mechanisms. It also had to assess whether the agreement was procedurally sound, given that the union had withdrawn from the process.

In delivering the judgment, the court examined the evidence and submissions from both parties. It found that the agreement offered a fair safety net and was consistent with the legislative framework. The court noted the absence of the union but concluded that the process followed was fair and that the agreement's provisions were reasonable in the circumstances. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Somerton Health & Beauty Distribution Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. This decision was effective from the date of the judgment and binding on all parties involved in the distribution enterprise.

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