Simba Pty Ltd ATF Simba Unit Trust T/A The Downs IGA

[2014] FWCA 761

[2014] FWCA 761

FAIR WORK COMMISSION

DECISION

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

Simba Pty Ltd ATF Simba Unit Trust T/A The Downs IGA
(AG2013/11686)

THE DOWNS IGA AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 31 JANUARY 2014

Application for approval of The Downs IGA Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Downs IGA Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

Rates of pay

[2] Upon review of the Agreement, the Commission wrote to the Applicant via its representative to inform it that based on the rosters that had been provided with the application, the Commission’s modelling of the rates of pay contained in the Agreement showed that where a permanent employee were to work a significant portion of hours on a Sunday they may not be better off overall. The Applicant was requested to provide further information, in particular, any rosters where permanent employees worked on Sundays.

[3] Upon receipt of these rosters the Commission undertook further modelling of the rates of pay. The modelling showed that some permanent salaried managers who the Commission was advised by the Applicant are employed at a classification level four under the Agreement were not better off overall based on the rosters provided by the Applicant.

[4] The Applicant has provided an undertaking that it will increase the Level 4 rates of pay in the Agreement by $15.00 per week from the date of operation of the Agreement. The Applicant has also provided an undertaking that it will increase the Level 4 rates of pay by a further $15.00 per week from 1 June 2015 and by a further $15.00 per week thereafter from 1 December 2016.

[5] Upon review of the correspondence and undertakings provided by the Applicant, I am satisfied that employees covered by this Agreement are better off overall.

[6] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[7] I have sought the views of the bargaining representatives, in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[8] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 7 February 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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