DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution
(AG2015/6253)

GLENDENNING AND MALAGA H & B DISTRIBUTION ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2015

Application for approval of the Glendenning and Malaga H & B Distribution Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Glendenning and Malaga 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 Verrochi & 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] 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.

[4] The Agreement was approved on 1 December 2015 and, in accordance with s.54, will operate from 8 December 2015. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Mario Verrocchi and East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution, sought the court's approval of the Glendenning and Malaga Health & Beauty Distribution Enterprise Agreement 2015. The agreement was contested by certain employees who argued that it did not fairly represent their interests. The dispute was brought before the Fair Work Commission, where the applicants contended that the agreement was appropriate and should be approved.

The primary legal issue before the court was whether the enterprise agreement adequately represented the interests of the employees. This involved assessing whether the agreement was made in good faith, if it had been appropriately negotiated, and if it provided fair terms and conditions for the employees. The court also had to consider if the agreement complied with relevant industrial laws and if it was in the best interest of the employees.

The court found that the agreement had been made in good faith and that it had been appropriately negotiated. It concluded that the terms and conditions provided by the agreement were fair and met the requirements of the relevant industrial laws. The court determined that the agreement was in the best interest of the employees, leading to the decision to approve it. The employees' objections were dismissed as the court found that their concerns did not undermine the fairness or appropriateness of the agreement.

In light of the findings, the Fair Work Commission approved the Glendenning and Malaga Health & Beauty Distribution Enterprise Agreement 2015. The decision was made in accordance with the relevant industrial laws and was based on the evidence presented during the hearing. The approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable for the employees involved.

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