North Adelaide Service Partnership T/A Romeo's Retail Group

[2019] FWCA 4825

[2019] FWCA 4825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

North Adelaide Service Partnership T/A Romeo's Retail Group
(AG2019/169)

ROMEO'S RETAIL GROUP ENTERPRISE AGREEMENT 2018

Retail industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 JULY 2019

Application for approval of the Romeo's Retail Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Romeo's Retail Group Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by North Adelaide Service Partnership T/A Romeo's Retail Group (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that Clause 27.4 of the Agreement, which states that where a permanent employee is absent from his or her employment on the working day before or after a public holiday without reasonable excuse or without the consent of the Employer, will not be entitled to payment for the Public Holiday, is 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2019. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

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