Shop, Distributive and Allied Employees Association Summary

[2013] FWCA 9753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2013/11601)

SDA - REVLON AUSTRALIA ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 11 DECEMBER 2013

Application for approval of the SDA - Revlon Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SDA - Revlon Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Shop, Distributive and Allied Employees Association (the Applicant). The agreement is a single-enterprise agreement.

[2] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act 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 18 December 2013. The nominal expiry date of the Agreement is 6 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shop, Distributive and Allied Employees Association (SDA) sought approval for the Revlon Australia Enterprise Agreement 2013. The case was heard in the Fair Work Commission. The SDA argued that the agreement met the necessary requirements for approval under the Fair Work Act 2009. The key legal issues revolved around whether the agreement complied with the relevant provisions of the Act, including the requirement for genuine agreement and the protection of employees' rights.

The court examined the process through which the agreement was reached, including the extent of employer consultation with employees and the fairness of the terms. It considered whether the agreement adequately protected employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also assessed the overall fairness of the agreement and whether it met the standards of good faith bargaining and genuine agreement.

After thorough consideration, the Fair Work Commission found that the Revlon Australia Enterprise Agreement 2013 complied with the necessary legal requirements. The court concluded that the agreement was genuinely negotiated, met the standards of good faith bargaining, and adequately protected employees' rights. The Commission approved the agreement, recognising it as a fair and reasonable outcome for both the employer and the employees.

The court's final orders were that the Revlon Australia Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision provided certainty for the parties involved and ensured that the agreement would govern the employment terms and conditions for the relevant workforce.

Shop, Distributive and Allied Employees Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established