DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pitt & Sherry (Operations) Pty Ltd T/A pitt&sherry
(AG2017/846)

PITT&SHERRY GROUP ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JUNE 2017

Application for approval of the pitt&sherry Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the pitt&sherry Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pitt & Sherry (Operations) Pty Ltd T/A pitt&sherry. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 13 June 2017 and, in accordance with s.54, will operate from 20 June 2017. The nominal expiry date of the Agreement is 13 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Pitt & Sherry (Operations) Pty Ltd, trading as pitt&sherry, applied to the Fair Work Commission for approval of the pitt&sherry Group Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement. The agreement, if approved, would cover employees employed by pitt&sherry across various retail stores in Australia.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the threshold of being "better off overall" for the employees covered by it, and whether it had been made in good faith and without coercion. The application also required the Commission to assess the fairness of the agreement in terms of its coverage, provisions, and implications for the employees and the employer.

In considering the application, the Commission examined the process by which the agreement was negotiated, the content of the agreement itself, and its potential impact on the employees. The Commission found that the agreement had been negotiated in good faith and without coercion, and that it provided for terms and conditions that were at least as favourable as those provided under the relevant award. The Commission also considered the views of the employees and the employer, and concluded that the agreement met the statutory criteria for approval. Consequently, the Commission approved the pitt&sherry Group Enterprise Agreement 2017, subject to the terms and conditions set out in the decision.

Pitt & Sherry (Operations) Pty Ltd T/A pitt&sherry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established