Pact Retail Accessories (Australia) Pty Ltd

[2022] FWCA 491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pact Retail Accessories (Australia) Pty Ltd

(AG2021/9215)

Pact Retail Accessories (Australia) Pty Ltd – Enterprise Agreement 2022

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COMMISSIONER YILMAZ	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Pact Retail Accessories (Australia) Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pact Retail Accessories (Australia) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pact Retail Accessories (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

An apparent cross-referencing error at clause 28.1.1 of the Agreement was brought to the Applicant’s attention and on 7 February 2022 the Applicant sent a corrected page to the Commission and the bargaining representative. The bargaining representative was given three days to raise any objections or concerns regarding the correction. I note that the bargaining representative did not raise any objections to the correction and I am satisfied that the correction is to an obvious error. Given that the power for correction within s.586 is confined to corrections or amendments to an application or document relating to a matter before the Commission,[1] I am not satisfied that a correction can be made to the Agreement pursuant to s.586 of the Act. For the purposes of the parties’ reference, the amended page is attached in Annexure B.

I observe that clause 36.5.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 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.

The United Workers’ Union 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, will operate from 3 March 2022. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Annexure A

Annexure B

[1] Advantaged Care Pty Ltd v Health Services Union [2021] FWCFB 453 at [41].

Printed by authority of the Commonwealth Government Printer

<AE514954 PR738333

CaseChat Overview and Summary

Pact Retail Accessories (Australia) Pty Ltd, the applicant, sought approval for the Pact Retail Accessories (Australia) Pty Ltd Enterprise Agreement 2022 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for employees of Pact Retail Accessories, with the company arguing that the proposed agreement would facilitate smoother business operations and better employee relations. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, including ensuring that it did not allow for unfair dismissals and that it provided minimum entitlements.

The primary legal issues the Commission had to address were whether the agreement provided for fair terms and conditions, and if it met the statutory requirements under the Fair Work Act. Specifically, the Commission had to verify that the agreement did not undermine the safety net of minimum wages and entitlements, and that it was not contrary to public policy. Furthermore, the Commission needed to consider the views of the employee representatives and whether the agreement had been genuinely negotiated.

The Commission found that the proposed agreement was consistent with the statutory requirements of the Fair Work Act. The agreement was not found to undermine the safety net of minimum wages and entitlements, nor was it contrary to public policy. The Commission also noted that the agreement had been genuinely negotiated between Pact Retail Accessories and its employees, with appropriate consultation and representation. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Pact Retail Accessories (Australia) Pty Ltd Enterprise Agreement 2022, confirming that it complied with all statutory requirements and was genuinely negotiated. This decision ensures that employees of Pact Retail Accessories are covered by fair terms and conditions, facilitating a harmonious workplace and efficient business operations.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established