Queen Victoria Market Pty Ltd Summary

[2014] FWCA 1046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queen Victoria Market Pty Ltd
(AG2014/3534)

QUEEN VICTORIA MARKET ENTERPRISE AGREEMENT 2013-2016

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 11 FEBRUARY 2014

Queen Victoria Market Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Market Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] 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. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) was between Queen Victoria Market Pty Ltd, the employer, and its employees, represented by the Shop, Distributive and Allied Employees Association (SDA). The dispute centred around the interpretation and application of the Queen Victoria Market Enterprise Agreement 2013-2016. Specifically, the employees argued that the employer had breached the agreement by implementing changes to their working conditions without proper consultation, while the employer contended that the changes were necessary and within their rights.

The legal issues before the FWC included whether the employer had correctly interpreted and applied the enterprise agreement in making changes to the employees' working conditions, and whether the employer had failed to consult with the employees as required by the agreement. Additionally, the court had to determine if the employer's actions constituted a breach of the agreement and, if so, what remedies should be applied.

The FWC found that the employer had indeed breached the enterprise agreement by unilaterally implementing changes to the employees' working conditions without proper consultation. The court held that the employer's interpretation of the agreement was incorrect, as it failed to consider the obligations to consult with employees before making such changes. The FWC ordered the employer to reinstate the previous working conditions and to engage in good-faith consultation with the employees regarding any future changes to their working conditions. Furthermore, the employer was required to pay compensation to the affected employees for the breach of the agreement.

Queen Victoria Market Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established