DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queen Victoria Market Pty Ltd T/A Queen Victoria Market
(AG2017/2904)

QUEEN VICTORIA MARKET ENTERPRISE AGREEMENT 2016-2019

Local government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 OCTOBER 2017

Application for approval of the Queen Victoria Market Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Market Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queen Victoria Market Pty Ltd T/A Queen Victoria Market. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Queen Victoria Market Pty Ltd, trading as Queen Victoria Market, which applied to the Fair Work Commission for the approval of the Queen Victoria Market Enterprise Agreement 2016-2019. The application was brought in the context of the company's ongoing employment negotiations with its workforce. The legal issues before the court revolved around whether the proposed agreement was fair and reasonable, and if it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider if the agreement met the requirements for being a "single-interest employer agreement," and whether it was procedurally and substantively fair and reasonable.

The Fair Work Commission assessed the application by examining the negotiation process and the contents of the agreement. The Commission found that the negotiation process was fair and reasonable, as the employer had engaged in good faith negotiations with the employee representatives. The Commission also considered the fairness and reasonableness of the agreement's terms and conditions, including the wages, hours of work, and other employment-related matters. The court found that the proposed agreement was procedurally and substantively fair and reasonable, and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the Queen Victoria Market Enterprise Agreement 2016-2019, as it met the requirements for being a single-interest employer agreement.

The Fair Work Commission's decision to approve the agreement was based on the evidence presented during the application process. The Commission found that the employer had demonstrated a commitment to fair and reasonable negotiations, and that the proposed agreement provided a fair and reasonable outcome for both parties. The Commission's decision was also informed by its consideration of relevant industry benchmarks and other similar agreements. The final orders of the court were to approve the Queen Victoria Market Enterprise Agreement 2016-2019, which would now be in effect for the duration of the agreement.

Queen Victoria Market Pty Ltd T/A Queen Victoria Market

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established