Philip Leong Stores Pty Ltd

[2014] FWCA 4705

FAIR WORK COMMISSION

DECISION

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

Philip Leong Stores Pty Ltd
(AG2014/1626)

PHILIP LEONG STORES PTY LIMITED MELBOURNE NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 14 JULY 2014

Application for approval of the Philip Leong Stores Pty Limited Melbourne National Distribution Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Philip Leong Stores Pty Limited Melbourne National Distribution Centre Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Philip Leong Stores Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[4] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act 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 21 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Philip Leong Stores Pty Ltd, an employer, and the Retail and Fast Food Workers Union of Victoria, the representative of certain employees, sought the approval of the Melbourne Magistrates Court of an enterprise agreement under the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for workers at the Melbourne National Distribution Centre of Philip Leong Stores.

The legal issues before the court involved whether the enterprise agreement was in compliance with the requirements of the Fair Work Act and if it was fairly negotiated. The court had to consider the provisions of the agreement, whether it covered all necessary matters, and whether it was made in good faith and without coercion. The union argued that the agreement was not fairly negotiated and contained terms that were not in the best interests of the employees.

In delivering the judgment, the court found that the agreement was fairly negotiated and did not contain any terms that were not in the best interests of the employees. The court was satisfied that the union had represented its members adequately and that the agreement was in compliance with the Fair Work Act. The court approved the enterprise agreement, finding that it met all the necessary requirements.

The court's final orders were that the Philip Leong Stores Pty Ltd Melbourne National Distribution Centre Enterprise Agreement 2014 be approved as a certified agreement under the Fair Work Act 2009. This decision concluded the legal dispute between the employer and the union, and the approved agreement now governs the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established