DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mario Verrocchi & East Yarra Friendly Society T/A My Chemist Health & Beauty Distribution
(AG2019/1340)

VICTORIAN H & B DISTRIBUTION ENTERPRISE AGREEMENT 2019

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DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Victorian 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

Mario Verrocchi and the East Yarra Friendly Society Trading as My Chemist Health & Beauty Distribution were before the Fair Work Commission in an application to approve the Victorian Health & Beauty Distribution Enterprise Agreement 2019. The application was brought by the employer, who sought the Commission's approval of the agreement in accordance with section 232 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a simple, clear, and easy to understand document that accurately represented the terms and conditions of employment for the employees covered by the agreement. The Commission had to consider whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was free from any unfair or discriminatory provisions.

The Commission found that the agreement met the statutory requirements for approval. The agreement was deemed to be simple, clear, and easy to understand, and it provided for minimum terms and conditions of employment that were consistent with the Fair Work Act. The Commission was satisfied that the agreement was free from any unfair or discriminatory provisions, and that it accurately represented the terms and conditions of employment for the employees covered by the agreement.

The Commission approved the Victorian Health & Beauty Distribution Enterprise Agreement 2019, subject to certain modifications to ensure that it complied with the Fair Work Act. These modifications included clarifying certain provisions of the agreement, and ensuring that it provided for minimum terms and conditions that were consistent with the Act. The employer and the union were directed to make the necessary amendments to the agreement within a specified timeframe, and to notify the Commission of the changes once they had been made.

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