Samuel Smith & Son Pty Ltd

[2014] FWCA 5986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samuel Smith & Son Pty Ltd
(AG2014/7059)

SAMUEL SMITH & SON PTY LTD AUSTRALIA EMPLOYEE COLLECTIVE AGREEMENT (WAREHOUSE EMPLOYEES) 2014

Wine industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 29 AUGUST 2014

Application for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2014

[1] An application for approval of an enterprise agreement known as the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2014 (the Agreement) has been made by Samuel Smith & Son Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The consultation term in the Agreementfails to reflect the recent amendments to s.205 of the Act 1 relating to changes to regular rosters and ordinary hours of work. In accordance with s.205(2) of the Act the model consultation term will be taken to be a term of the Agreement. It has been appended to the Agreement as Schedule 1.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 5 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

1 Sections 205(1)(a) and (1A) of the Act

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Samuel Smith & Son Pty Ltd recently applied to the Fair Work Commission for approval of the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2014. The application arose out of negotiations between the company and its warehouse employees, represented by the Retail and Fast Food Workers Union. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace arrangements.

The Fair Work Commission was required to determine whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the proposed agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement complied with the principles of good faith bargaining and whether it was made in a manner that was procedurally fair.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It found that the proposed agreement satisfied the BOOT, as it provided employees with improved wages and conditions while maintaining productivity and efficiency in the workplace. The Commission also noted that the agreement was the result of genuine and good faith bargaining between the parties. Consequently, the Commission approved the agreement, finding it to be in compliance with the relevant legislative framework.

The Fair Work Commission approved the Samuel Smith & Son Pty Ltd Australia Employee Collective Agreement (Warehouse Employees) 2014, effective from the date of the decision. This outcome reflects the Commission's commitment to facilitating fair and productive workplace agreements that benefit both employers and employees. The approval of this agreement is expected to contribute to a harmonious and efficient working environment within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established