PSEA Dept. Stores Pty Ltd T/A Debenhams

[2017] FWCA 5557

[2017] FWCA 5557

FAIR WORK COMMISSION

DECISION

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

PSEA Dept. Stores Pty Ltd T/A Debenhams
(AG2017/4219)

DEBENHAMS ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER MCKINNON	MELBOURNE, 25 OCTOBER 2017

Application for approval of the Debenhams Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Debenhams Enterprise Agreement 2017 (Agreement). The application was made by PSEA Dept. Stores Pty Ltd T/A Debenhams pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Shop, Distributive and Allied Employees Association are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Shop, Distributive and Allied Employees Association and that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE425870  PR597123>

Annexure A