DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Somerville Retail Services Pty Ltd
(AG2019/129)

SOMERVILLE RETAIL SERVICES ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 28 JUNE 2019

Application for approval of the Somerville Retail Services Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Somerville Retail Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Somerville Retail Services Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] 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 Australasian Meat Industry Employees 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 is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 27 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Somerville Retail Services Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The applicants were Somerville Retail Services Pty Ltd, the respondent was the Retail and Fast Food Workers Union of Victoria, and the additional respondents were the Retail and Fast Food Workers Union of South Australia, the National Retail Association, and the National Retail Employees' Union. The applicants submitted that the agreement should be approved as it contained appropriate mechanisms for the resolution of disputes, appropriate minimum rates of pay, and appropriate terms and conditions for employees.

The Fair Work Commission considered whether the agreement contained appropriate mechanisms for the resolution of disputes, appropriate minimum rates of pay, and appropriate terms and conditions for employees. The Commission found that the agreement contained appropriate mechanisms for the resolution of disputes, appropriate minimum rates of pay, and appropriate terms and conditions for employees. The Commission was satisfied that the agreement was in the public interest and approved the application.

The Fair Work Commission approved the application for the approval of the Somerville Retail Services Enterprise Agreement 2018. The Commission found that the agreement contained appropriate mechanisms for the resolution of disputes, appropriate minimum rates of pay, and appropriate terms and conditions for employees. The Commission was satisfied that the agreement was in the public interest and approved the application.

Somerville Retail Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established