Sephora Australia Pty Ltd Summary

[2024] FWCA 4480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sephora Australia Pty Ltd

(AG2024/4021)

SEPHORA AUSTRALIA PTY LTD NATIONAL ENTERPRISE AGREEMENT 2024

Retail industry
COMMISSIONER P RYAN	SYDNEY, 13 DECEMBER 2024

Application for approval of the Sephora Australia Pty Ltd National Enterprise Agreement 2024

Sephora Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Sephora Australia Pty Ltd National Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Shop, Distributive and Allied Employees Association (SDA) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the SDA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 13 December 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between Sephora Australia Pty Ltd and its employees, with the Fair Work Commission being the forum for resolving the matter. The applicants sought approval of the Sephora Australia Pty Ltd National Enterprise Agreement 2024, which had been negotiated and agreed upon by the parties. The legal issues before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a 'single interest' enterprise agreement. Specifically, the Commission had to determine if the agreement adequately represented the interests of all the employees and if it adhered to the procedural fairness and good faith bargaining requirements.

The Commission considered the submissions made by both parties, examining the negotiation process, the content of the agreement, and the representation of employee interests. The applicants argued that the agreement had been negotiated in good faith and represented the single interests of the employees. The respondents, while not disputing the negotiation process, contended that the agreement did not adequately represent all employee interests. After reviewing the evidence and submissions, the Commission found that the agreement had been negotiated in good faith and was representative of the single interests of the employees. The Commission concluded that the agreement complied with the statutory requirements and met the criteria for a 'single interest' enterprise agreement.

Accordingly, the Commission approved the Sephora Australia Pty Ltd National Enterprise Agreement 2024. The agreement was to be registered with the Fair Work Commission and would have effect from the date of registration. The decision underscored the importance of good faith bargaining and the need for enterprise agreements to genuinely represent the interests of all employees involved.

Sephora Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established