DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2015/7128)

TISMOR HEALTH & WELLNESS ENTERPRISE AGREEMENT 2015-2017

Pharmaceutical industry
COMMISSIONER LEE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Tismor Health & Wellness Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tismor Health & Wellness Enterprise Agreement 2015-2017 (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 23 February 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Shop, Distributive and Allied Employees Association applied for approval of the Tismor Health & Wellness Enterprise Agreement 2015-2017. The application for approval came about as the employer and the union had reached an agreement, and the union sought formal endorsement of the agreement by the Commission. The legal issues before the Commission involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement fairly represented the employees, was free from any improper influences, and complied with all relevant legislative requirements.

The Commission carefully examined the agreement, considering the processes through which it was negotiated and the terms it contained. The Commission assessed whether the agreement was genuinely a product of free collective bargaining and whether it provided fair and reasonable terms for the employees. The Commission also considered whether the agreement met the statutory requirements for minimum entitlements and whether it adhered to the provisions of the Fair Work Act. The union provided evidence supporting the legitimacy of the agreement, and the employer confirmed the fairness of the terms. After thorough analysis, the Commission concluded that the agreement met all the necessary criteria and was thus approved.

The Fair Work Commission approved the Tismor Health & Wellness Enterprise Agreement 2015-2017, finding it to be a fair and reasonable agreement that met all statutory requirements. The decision was based on the evidence provided by the union and the employer, which demonstrated the agreement's compliance with the Fair Work Act and its fair representation of the employees' interests. This approval formalised the agreement, allowing it to take effect and govern the employment terms between the employer and the employees as per the negotiated terms.

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