DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queens Supermarket (WA) Pty Ltd T/A Queens Supa IGA, Rigters Sups IGA, Wonthella Supa IGA, Cellarbrations Wonthella, Cellarbrations at the Queens, Cellarbrations Central
(AG2020/401)

QUEENS SUPERMARKET & SDA ENTERPRISE AGREEMENT 2020

Retail industry
COMMISSIONER WILLIAMS	PERTH, 24 MARCH 2020

Application for approval of the Queens Supermarket & SDA Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queens Supermarket & SDA Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queens Supermarket (WA) Pty Ltd T/A Queens Supa IGA, Rigters Sups IGA, Wonthella Supa IGA, Cellarbrations Wonthella, Cellarbrations at the Queens, Cellarbrations Central. 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.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, because clause 22(f)(i) is inconsistent with s.203(b)(a).

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2020. The nominal expiry date of the Agreement is 23 March 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Queens Supermarket (WA) Pty Ltd, trading under several names, and the Shop, Distributive and Allied Employees' Association (SDA). The matter pertained to the application for the approval of the Queens Supermarket & SDA Enterprise Agreement 2020. The primary dispute centred on the terms and conditions of employment set forth in the proposed enterprise agreement, specifically regarding the application of certain provisions to existing and future employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement complied with the procedural requirements outlined in the Act, particularly in relation to the negotiation process and the manner in which the agreement was presented. Additionally, the court had to consider the substantive fairness of the agreement, examining whether the terms were reasonable in all aspects, including provisions related to wages, hours of work, and other conditions of employment. The Commission also assessed whether the agreement adequately balanced the interests of both employers and employees, ensuring that it did not unduly favour one party over the other.

In reaching its decision, the Fair Work Commission meticulously reviewed the negotiation process and the content of the enterprise agreement. The Commission found that the agreement had been negotiated in good faith and that the process adhered to the legal requirements. The substantive terms of the agreement were deemed to be fair and reasonable, taking into account the interests of both parties. The Commission concluded that the agreement provided for a balanced set of conditions that met the standards of procedural and substantive fairness. Consequently, the application for approval was granted, and the Queens Supermarket & SDA Enterprise Agreement 2020 was approved as a legally binding document.

The final orders of the Fair Work Commission included the approval of the Queens Supermarket & SDA Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement. This decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of employment were legally recognised and enforceable.

Queens Supermarket (WA) Pty Ltd T/A Queens Supa IGA, Rigters Sups IGA, Wonthella Supa IGA, Cellarbrations Wonthella, Cellarbrations at the Queens, Cellarbrations Central

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established