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

Annexure A

CaseChat Overview and Summary

In the matter of PSEA Department Stores Pty Ltd trading as Debenhams, the applicant sought approval of the Debenhams Enterprise Agreement 2017 from the Fair Work Commission. The application was brought under section 233 of the Fair Work Act 2009, which requires the approval of a new enterprise agreement before it can have effect. The application was contested by several unions representing the employees of Debenhams, including the Shop, Distributive and Allied Employees' Association and the Retail and Fast Food Workers' Union.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for registration as a new enterprise agreement under section 173 of the Fair Work Act 2009. This required the Commission to consider whether the agreement covered employees in an appropriate bargaining unit, whether it was made in good faith, and whether it contained the necessary minimum terms and conditions of employment. The Commission also had to consider whether the agreement met the requirements for simplification, and whether it was consistent with the objects of the Fair Work Act 2009.

In determining whether the agreement met the requirements for approval, the Commission considered the evidence and submissions provided by both the applicant and the unions. The Commission found that the agreement covered employees in an appropriate bargaining unit, and that it was made in good faith. The Commission also found that the agreement contained the necessary minimum terms and conditions of employment, and that it met the requirements for simplification. The Commission was satisfied that the agreement was consistent with the objects of the Fair Work Act 2009, and that it would not have an adverse effect on the employees of Debenhams.

Accordingly, the Commission approved the Debenhams Enterprise Agreement 2017, subject to certain conditions. The agreement will now have effect from the date of the Commission's decision, and will apply to the employees of Debenhams covered by the agreement. The unions contesting the application have the right to appeal the decision to the Federal Court of Australia.

PSEA Dept. Stores Pty Ltd T/A Debenhams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established