Plush Think Sofas Pty Limited T/A Plush Think Sofas

[2014] FWCA 5759

FAIR WORK COMMISSION

DECISION

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

Plush Think Sofas Pty Limited T/A Plush Think Sofas
(AG2014/8475)

PLUSH- THINK SOFAS ENTERPRISE AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 21 AUGUST 2014

Application for approval of the Plush- Think Sofas Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Plush- Think Sofas Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Superannuation

[2] In its correspondence to the Applicant, the Commission sought clarification in relation to clause 4.10 - Superannuation, and in particular, sub clause 4.10.2 as to how the Plush default Superannuation fund satisfies the requirement of s.194(h) of the Act.

[3] The Applicant has advised the Commission that the Plush Think Sofas default superannuation fund is Colonial First State - First Choice Employer Super Plan and offers a MySuper product.

[4] The Agreement will cover employees as per the classifications contained in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

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

[6] The Agreements is approved. In accordance with section 54(1), the Agreement will operate from 28 August 2014. The nominal expiry date of the Agreement is one year from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Plush Think Sofas Pty Limited, trading as Plush Think Sofas, applied for the approval of the Plush-Think Sofas Enterprise Agreement 2014. The agreement was submitted by the employer and the Australian Manufacturing Workers' Union. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement was a genuine enterprise agreement, whether it dealt with the employees' terms and conditions of employment, and if it was made in good faith.

The key legal issues included whether the agreement was genuinely negotiated between the parties and if it covered all necessary terms and conditions as required by the Act. The Commission also considered if the agreement was made in good faith and if the process followed was fair and transparent. Furthermore, the Commission examined if the agreement provided for a fair and efficient workplace and if it contained provisions that were in the best interest of the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission was satisfied that the agreement covered all necessary terms and conditions of employment and was made in good faith. The process followed was deemed fair and transparent, and the agreement was found to provide for a fair and efficient workplace. The Commission concluded that the agreement was in the best interest of the employees and approved the Plush-Think Sofas Enterprise Agreement 2014. The Commission's decision was based on the evidence presented and the application of the relevant legal principles under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established