Shop, Distributive and Allied Employees’ Association Summary

[2018] FWCA 811

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Shop, Distributive and Allied Employees’ Association

(AG2017/6532)

Tismor Health & Wellness Enterprise Agreement 2017-2019

Pharmaceutical industry
Commissioner Saunders	NEWCASTLE, 7 FEBRUARY 2018

Application for approval of the Tismor Health & Wellness Enterprise Agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the Tismor Health & Wellness Enterprise Agreement 2017-2019 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Shop, Distributive and Allied Employees' Association and Tismor Health & Wellness. The association applied for the approval of the Tismor Health & Wellness Enterprise Agreement 2017-2019. The Fair Work Commission was the court in which this matter was heard.

The primary legal issue before the commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was in the public interest, taking into account factors such as its impact on employees, the bargaining process, and the broader economy.

The commission examined the agreement's provisions, including wages, hours of work, and other conditions. It found that the agreement provided fair and reasonable terms and conditions for the employees, and that it had been negotiated in good faith. The commission also considered the impact of the agreement on the broader economy, and found that it would not have an adverse effect on the economy or on the public interest. Based on these findings, the commission approved the agreement.

The Fair Work Commission approved the Tismor Health & Wellness Enterprise Agreement 2017-2019, finding that it met the requirements for approval under the Fair Work Act 2009. The commission found that the agreement provided fair and reasonable terms and conditions for the employees, and that it had been negotiated in good faith. The commission also found that the agreement would not have an adverse effect on the broader economy or on the public interest.

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