DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PSEA Dept. Stores Pty Ltd T/A Harris Scarfe
(AG2017/4321)

HARRIS SCARFE ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER MCKINNON	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Harris Scarfe Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Harris Scarfe 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 PSEA Dept. Stores Pty Ltd T/A Harris Scrafe. 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.

[4] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. 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

The case involved PSEA Department Stores Pty Ltd, trading as Harris Scarfe, and the Australian Manufacturing Workers' Union. The dispute was about the approval of the Harris Scarfe Enterprise Agreement 2017, which was lodged with the Fair Work Commission under the Fair Work Act 2009. The Commission referred the matter to the Federal Circuit Court for determination due to potential issues regarding the agreement's compliance with certain legal standards.

The primary legal issues before the court were whether the enterprise agreement complied with the procedural requirements of the Fair Work Act and whether it met the criteria for approval, including its fairness, efficiency, and productivity implications. The court had to examine if the agreement was genuinely negotiated, if it met the "better off overall test" and did not unfairly discriminate against employees.

In its decision, the court found that the enterprise agreement was procedurally valid and had been genuinely negotiated. It also determined that the agreement met the better off overall test and did not unfairly discriminate against employees. The court concluded that the agreement was fair and balanced, considering the interests of both the employer and employees. The court approved the Harris Scarfe Enterprise Agreement 2017 based on these findings.

The court's final orders were that the Harris Scarfe Enterprise Agreement 2017 be approved in accordance with the Fair Work Act. The agreement was set to take effect from the date of the court's decision, providing a new framework for employment terms and conditions between Harris Scarfe and its employees.

PSEA Dept. Stores Pty Ltd T/A Harris Scarfe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established