Retail Staff Pty Ltd Summary

[2023] FWCA 1987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Retail Staff Pty Ltd

(AG2023/1978)

CAR WASH WORKPLACE AGREEMENT 2023

Vehicle industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 JUNE 2023

Application for approval of the Retail Staff Car Wash Workplace Agreement 2023

An application has been made for approval of an enterprise agreement known as the Retail Staff Car Wash Workplace Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 5 June 2023.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 July 2023. The nominal expiry date of the Agreement is 29 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involves an application by Retail Staff Pty Ltd for the approval of a workplace agreement, the Retail Staff Car Wash Workplace Agreement 2023. The application was made under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The applicant sought to have the agreement registered to enable it to operate as a registered workplace agreement. The application was opposed by various unions representing the employees.

The central legal issues before the Commission were whether the agreement met the statutory requirements for registration, including whether it contained the prescribed terms, was made in good faith, and provided for a fair and efficient workplace. The unions argued that the agreement failed to adequately address several aspects of employment, including minimum wages, penalty rates, and redundancy provisions, and that it was not made in good faith as it sought to undermine collective bargaining. The applicant contended that the agreement was comprehensive, fair, and made in good faith.

The Commission considered the content and context of the agreement and the parties' submissions. It found that the agreement contained the prescribed terms, including provisions for minimum wages, penalty rates, and redundancy. The Commission also found that the agreement was made in good faith, as it provided for a fair and efficient workplace and did not seek to undermine collective bargaining. The Commission accepted that the agreement was comprehensive and balanced the interests of both parties. The application was therefore approved.

The Fair Work Commission approved the application for the registration of the Retail Staff Car Wash Workplace Agreement 2023. The agreement is now a registered workplace agreement and will govern the employment of the relevant employees. The unions' opposition to the registration was dismissed.

Retail Staff Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established