DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2016/4092)

SDA - REVLON AUSTRALIA ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the SDA - Revlon Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SDA - Revlon Australia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shop, Distributive and Allied Employees Association. 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, 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 Shop, Distributive and Allied Employees Association 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 6 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the Shop, Distributive and Allied Employees Association (SDA) and Revlon Australia, with the SDA seeking approval of the Revlon Australia Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009, which governs the approval of enterprise agreements. The SDA argued that the agreement was a lawful and appropriate means of regulating employment relations in the context of the parties' respective interests. The primary legal issues before the court were whether the agreement met the criteria for approval under the Act, specifically whether it contained genuine bargaining, whether it was made in good faith, and whether it contained proper provisions for the resolution of disputes.

The court examined the evidence presented and the arguments from both parties to determine if the agreement satisfied the statutory requirements. It considered the process of negotiation, the content of the agreement, and the manner in which the agreement was executed. The court also assessed whether there were any unfair or unreasonable terms within the agreement that might render it invalid. After thorough analysis, the court found that the agreement did meet the necessary criteria, concluding that it had been genuinely bargained, made in good faith, and contained adequate provisions for dispute resolution. The court found no evidence of coercion or undue influence and determined that the agreement was fair and reasonable.

In light of these findings, the court approved the Revlon Australia Enterprise Agreement 2016 as a registered agreement under the Fair Work Act 2009. This decision was based on the satisfaction of all statutory requirements for approval, and the court emphasised the importance of the agreement in providing a fair framework for the regulation of employment relations between the SDA and Revlon Australia.

Shop, Distributive and Allied Employees Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established