DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotlight Pty Ltd
(AG2020/218)

SPOTLIGHT DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Spotlight Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Spotlight Distribution Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spotlight Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] I observe that clauses 3.9.3, 3.9.5 and 6.1.1(f) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.10 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Shop, Distributive and Allied Employees Association (SDAEA) 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.

[5] The Agreement was approved on 12 February 2020 and, in accordance with s.54, will operate from the first full pay period after 19 February 2020. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

Spotlight Pty Ltd is a retail company that sought approval for its Enterprise Agreement 2019 from the Fair Work Commission (FWC). The application was made under the Fair Work Act 2009, which requires the FWC to ensure that enterprise agreements are not detrimental to the employees they cover. The legal issues before the FWC were whether the proposed terms of the Enterprise Agreement were fair and reasonable, and if they complied with the statutory requirements.

The FWC considered the arguments presented by both parties, assessing the provisions of the agreement against the criteria set out in the Fair Work Act. The court found that the agreement met the necessary standards for approval. It provided for appropriate minimum wages and conditions, and contained dispute resolution mechanisms that were deemed fair and effective. The FWC concluded that the agreement was not prejudicial to the employees, and thus, it could be approved.

In light of the findings, the FWC approved the Spotlight Distribution Centre Enterprise Agreement 2019. The decision was made in the interest of maintaining fair and productive industrial relations within the company, ensuring that the agreement facilitated a balanced relationship between the employer and the employees. The approval of the agreement now allows it to be registered and enforceable, providing certainty and stability for both parties.

Spotlight 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