DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shop, Distributive and Allied Employees Association
(AG2018/2564)

SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES’ ASSOCIATION, NEW SOUTH WALES BRANCH – CLERICAL AND ADMINISTRATIVE STAFF AGREEMENT 2017

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Shop, Distributive & Allied Employees' Association New South Wales Branch - Clerical and Administrative Staff Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shop, Distributive & Allied Employees’ Association New South Wales Branch - Clerical and Administrative Staff 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 Shop, Distributive and Allied Employees Association. The Agreement is a single enterprise agreement.

[2] The Employer 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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement was approved on 9 October 2018 and, in accordance with s.54, will operate from 16 October 2018. The nominal expiry date of the Agreement is 22 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Shop, Distributive & Allied Employees' Association New South Wales Branch - Clerical and Administrative Staff Agreement 2017. The application was brought before the Fair Work Commission by the association, seeking the endorsement of the agreement for its registration under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the statutory criteria for approval, specifically concerning its alignment with the Act's objectives and the procedural correctness of its drafting and negotiation.

The primary legal issue before the Commission was whether the agreement satisfied the requirements set forth in the Fair Work Act for it to be approved and registered. This involved an examination of the agreement's provisions to determine if it complied with the Act's objectives, such as promoting high wages and conditions, facilitating workplace flexibility, and enabling efficient workplace practices. Furthermore, the Commission had to assess whether the agreement was made in good faith, had been negotiated genuinely, and had followed the correct procedures as outlined by the Act.

The Fair Work Commission found that the agreement met all the statutory criteria for approval. It was determined that the agreement was consistent with the objectives of the Fair Work Act, and that it had been negotiated genuinely and in good faith. The Commission was satisfied with the procedural correctness of the agreement, noting that it was made following the appropriate processes and involved the necessary parties. The agreement was approved and registered, allowing it to take effect as a legally binding instrument for the covered employees.

The final orders of the Commission included the approval and registration of the agreement, with the effect that it would now serve as the governing instrument for the terms and conditions of employment for the clerical and administrative staff covered by the agreement. The decision underscores the importance of ensuring that enterprise agreements align with the legislative framework and are made through proper negotiation processes.

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