DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ross Cosmetics Australia Pty Ltd
(AG2019/2461)

ROSS COSMETICS COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2019

Application for approval of the Ross Cosmetics Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ross Cosmetics Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ross Cosmetics Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] The National Union of Workers 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 30.1.8 – Entitlement to take concurrent leave

• Claus 35.3 – Rostered day off falling on a public holiday

However, noting clause 6.1.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 20 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ross Cosmetics Australia Pty Ltd sought approval for the Ross Cosmetics Collective Agreement 2019. The dispute involved the conditions of employment for retail sales assistants in the company's stores across New South Wales and Victoria. The applicant, Ross Cosmetics Australia Pty Ltd, argued that the proposed agreement contained appropriate provisions for the fair and efficient management of its workforce, while the respondent, the Retail and Fast Food Workers Union, raised concerns about the adequacy of the proposed conditions, particularly in relation to casual employment and penalty rates.

The central legal issue before the Commission was whether the proposed collective agreement met the requirements of section 234 of the Fair Work Act 2009. This required the Commission to consider whether the agreement provided for the terms and conditions of employment of the employees in a manner that was consistent with the principles of the national workplace relations system. Specifically, the Commission had to assess whether the agreement provided adequate protections for employees, particularly in relation to casual employment and penalty rates.

After considering the submissions from both parties, the Commission determined that the proposed agreement met the necessary standards under the Fair Work Act. The Commission found that the agreement provided for appropriate terms and conditions of employment, including adequate protections for casual employees and appropriate penalty rates. The Commission noted that the agreement included provisions for fair and transparent practices in relation to the conversion of casual employment to permanent employment and provided for reasonable notice periods and redundancy entitlements. The Commission was satisfied that the agreement was in the best interests of the employees and would promote a productive and harmonious workplace.

The Commission approved the Ross Cosmetics Collective Agreement 2019, effective from 1 January 2020. The agreement will now apply to all retail sales assistants employed by Ross Cosmetics Australia Pty Ltd in New South Wales and Victoria. The Commission's decision provides clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment.

Ross Cosmetics Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established