North Adelaide Service Partnership (Bellagon Investments Pty Ltd & Bellagon Pty Ltd & DA Romeo Pty Ltd as trustee for DA Romeo Holding Trust & J Romeo Pty Ltd as trustee for J Romeo Holding Trust) T/A Romeo’s...
[2022] FWCA 2722
•12 AUGUST 2022
| [2022] FWCA 2722 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
North Adelaide Service Partnership (Bellagon Investments Pty Ltd & Bellagon Pty Ltd & DA Romeo Pty Ltd as trustee for DA Romeo Holding Trust & J Romeo Pty Ltd as trustee for J Romeo Holding Trust) T/A Romeo’s Retail Group
(AG2022/3192)
Romeo’s Retail Group Enterprise Agreement 2022
| Retail industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 12 AUGUST 2022 |
Application for approval of the Romeo’s Retail Group Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Romeo’s Retail Group Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by North Adelaide Service Partnership (Bellagon Investments Pty Ltd & Bellagon Pty Ltd & DA Romeo Pty Ltd as trustee for DA Romeo Holding Trust & J Romeo Pty Ltd as trustee for J Romeo Holding Trust) T/A Romeo’s Retail Group. The Agreement is a single enterprise agreement.
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.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:
· Clause 16 does not provide that employees deemed to have abandoned their employment will be provided notice of termination entitlement in accordance with s 117(3) of the Act.[1]
· Clause 27.6 of the Agreement provides that the relevant employer and the majority of employees in an establishment may agree to substitute another day for a public holiday. This appears to be inconsistent with s 115(3) of the Act.[2]
The Shop, Distributive and Allied Employees Association, 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 1 June 2025.
DEPUTY PRESIDENT
[1] Bienias v Iplex Pipelines Australia Pty Limited [2017] FWCFB 38 at [58]
[2] See also, 4 yearly review of modern awards—Plain language re-drafting [2019] FWCFB 5145
Printed by authority of the Commonwealth Government Printer
<AE516984 PR744709>
0
0
0