Priceline Pty Ltd

[2021] FWCA 7113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Priceline Pty Ltd
(AG2021/8067)

PRICELINE RETAIL EMPLOYEES ENTERPRISE AGREEMENT 2021

Retail industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Priceline Retail Employees Enterprise Agreement 2021.

[1] Priceline Pty Ltd has applied for approval of a single enterprise agreement known as the Priceline Retail Employees Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, whether the Agreement contains the mandatory terms and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 16 December 2021 and, in accordance with s.54, will operate from 23 December. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Priceline Pty Ltd applied for the approval of the Priceline Retail Employees Enterprise Agreement 2021. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was heard by Commissioner P.J. Smith, who was tasked with determining whether the agreement was in compliance with the relevant legislative provisions and if it appropriately balanced the interests of both employers and employees.

The primary legal issue before the court was whether the enterprise agreement adhered to the provisions of the Fair Work Act, including meeting the procedural requirements for its negotiation and drafting. The court also needed to consider if the agreement provided for a fair and reasonable balance between the rights and interests of employees and the commercial interests of the employer. Additionally, the court examined whether the agreement included all the mandated minimum terms and conditions as stipulated by the Fair Work Act.

Commissioner Smith reviewed the evidence and submissions provided by both parties. The court found that the enterprise agreement was negotiated in good faith and complied with the procedural requirements of the Fair Work Act. It was noted that the agreement contained all the mandated minimum terms and conditions and struck an appropriate balance between the rights and interests of employees and the employer’s commercial interests. Consequently, the Commissioner approved the application for the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established