DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Samzach Services Pty Ltd T/A The Daves Pty Ltd
(AG2017/5126)

THE DAVES PTY LTD ENTERPRISE AGREEMENT 2017

Retail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2018

Application for approval of The Daves Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Daves Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Samzach Services Pty Ltd T/A The Daves Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 12 April 2018 and, in accordance with s.54, will operate from 19 April 2018. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Samzach Services Pty Ltd, trading as The Daves Pty Ltd, was involved in a dispute over the approval of the 2017 Enterprise Agreement. The applicant, represented by Mr. J. A. Williams, sought the Commission's approval of the agreement, which had been negotiated with the Retail and Fast Food Workers Union of Victoria, Victoria Branch. The respondent union was represented by Ms. E. A. Williams. The crux of the dispute was whether the agreement met the statutory requirements for approval, particularly focusing on the procedural fairness and the proper negotiation of the agreement.

The primary legal issue before the Commission was whether the enterprise agreement was made in accordance with the applicable provisions of the Fair Work Act 2009. This involved an examination of whether the agreement was the product of genuine bargaining between the parties and whether the negotiation process adhered to the necessary procedural standards. Additionally, the Commission had to consider whether the agreement contained all the required terms and conditions of employment and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In its decision, the Commission thoroughly reviewed the evidence provided by both parties. It was noted that the applicant had provided a comprehensive submission outlining the negotiation process and the contents of the agreement. The Commission found that the agreement was the result of genuine negotiations and that the procedural requirements were met. The Commission was satisfied that all necessary terms and conditions of employment were included and that the agreement did not contravene any provisions of the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable under the circumstances.

The Fair Work Commission approved the 2017 Enterprise Agreement between Samzach Services Pty Ltd and the Retail and Fast Food Workers Union of Victoria, Victoria Branch. The Commission found that the agreement was the product of genuine bargaining and met all statutory requirements for approval. The decision underscores the importance of procedural fairness and compliance with the Fair Work Act 2009 in the negotiation and approval of enterprise agreements.

Samzach Services Pty Ltd T/A The Daves 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