DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Priceline Pty Ltd
(AG2017/3172)

PRICELINE RETAIL EMPLOYEES ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Priceline Retail Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Priceline Retail Employees 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 Priceline Pty Ltd. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Priceline Pty Ltd, an employer, applied for approval of the Priceline Retail Employees Enterprise Agreement 2017. The Fair Work Commission heard the matter, with the union and the employer presenting their arguments. The nature of the dispute involved whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court had to determine if the enterprise agreement satisfied the requirements for approval under the Fair Work Act. Specifically, the court had to assess whether the agreement was made in good faith, was free from any improper conduct, and met the procedural fairness standards. The court also had to consider whether the agreement provided for appropriate mechanisms for resolving disputes and provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the enterprise agreement was made in good faith, without any improper conduct, and met all the procedural fairness requirements. The agreement included adequate mechanisms for resolving disputes and provided fair and reasonable terms and conditions for the employees. Consequently, the court approved the enterprise agreement under the Fair Work Act. The decision was made in the interest of maintaining a balanced and fair workplace environment, ensuring that both the employer and employees had a clear understanding of their rights and obligations.

Priceline Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established