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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CaseChat Overview and Summary

In the recent case, North Adelaide Service Partnership trading as Romeo's Retail Group applied to the Fair Work Commission for the approval of the Romeo's Retail Group Enterprise Agreement 2018. This application followed negotiations between the applicant and the retail employees represented by the Shop, Distributive and Allied Employees' Association (SDA). The Fair Work Commission was tasked with assessing the agreement to ensure it met the statutory requirements and was fair and reasonable. The legal issues before the Commission were whether the agreement complied with the necessary procedural requirements and if it met the criteria for being fair and reasonable as stipulated under the Fair Work Act 2009.

The Commission examined the procedural aspects of the agreement, including whether the bargaining was conducted in good faith and whether the agreement was negotiated genuinely and in good faith. Additionally, the fairness and reasonableness of the agreement were assessed, considering factors such as the financial capacity of the employer, the bargaining power of the parties, and the overall impact on employees. The Commission considered the submissions from both the applicant and the SDA, along with relevant precedents and statutory provisions. The Commission found that the agreement was negotiated in good faith and met the procedural requirements of the Act.

After careful consideration, the Fair Work Commission approved the Romeo's Retail Group Enterprise Agreement 2018. The Commission concluded that the agreement was fair and reasonable, taking into account the financial position of the employer, the bargaining power of the parties, and the overall benefits and detriments to the employees. The approval was granted on the basis that the agreement provided for fair and reasonable terms and conditions of employment for the affected employees. The Commission's decision was based on a comprehensive analysis of the evidence and the applicable legal standards.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established