Pretty Girl Fashion Group Pty Ltd

[2013] FWCA 5648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pretty Girl Fashion Group Pty Ltd
(AG2013/6836)

PGFG ENTERPRISE AGREEMENT 2013

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 13 AUGUST 2013

Application for approval of the PGFG Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the PGFG Enterprise Agreement 2013 (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.

[2] It is noted that the Agreement does not contain a flexibility term that complies with s.203 of the Act. In accordance with s.202(4), the Agreement shall be taken to include all of the provisions of the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations).

[3] Further, it is noted that the Agreement does not contain a consultation term that complies with s.205 of the Act. In accordance with s.205(2), the Agreement shall be taken to include the model consultation term set out in Schedule 2.3 of the Regulations.

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

[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) of the Act, I note the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2013. The nominal expiry date of the Agreement is 26 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Pretty Girl Fashion Group Pty Ltd, the Fair Work Commission (FWC) was tasked with considering the application for approval of the PGFG Enterprise Agreement 2013. The dispute centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The FWC was required to examine the agreement's compliance with procedural and substantive requirements, including the involvement of genuine bargaining and the coverage of minimum entitlements. The applicant argued that the agreement was the product of genuine negotiations and satisfied all necessary conditions for approval.

The primary legal issues before the FWC involved assessing whether the agreement was genuinely bargained for and whether it provided for minimum entitlements as required by the Act. The FWC had to consider whether the process of reaching the agreement was fair and whether the agreement itself was in compliance with the statutory minimum standards. The FWC also had to examine whether the agreement contained all necessary provisions and whether it was consistent with relevant awards and other instruments. Furthermore, the FWC needed to determine whether the agreement was in the public interest, taking into account the potential impact on employees and the broader economy.

The FWC found that the agreement was the product of genuine negotiations and contained all necessary provisions. The FWC was satisfied that the bargaining process adhered to the statutory requirements and that the agreement provided for minimum entitlements. The FWC also concluded that the agreement was consistent with relevant awards and other instruments, and that it was in the public interest. Consequently, the FWC approved the PGFG Enterprise Agreement 2013. The FWC's decision was based on a thorough examination of the evidence presented and a careful consideration of the relevant legal principles. The FWC found that the applicant had met all the necessary criteria for approval, and that the agreement was fair and reasonable in all respects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established