Spotlight Pty Ltd Summary

[2014] FWCA 6187

FAIR WORK COMMISSION

DECISION

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

Spotlight Pty Ltd
(AG2014/8804)

SPOTLIGHT LAVERTON NORTH DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 5 SEPTEMBER 2014

Application for approval of the Spotlight Laverton North Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Spotlight Laverton North Distribution Centre Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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] As the agreement does not contain a flexibility term that meets the requirements of the legislation, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act 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 12 September 2014. The nominal expiry date of the Agreement is 4 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

Spotlight Pty Ltd applied for approval of the Spotlight Laverton North Distribution Centre Enterprise Agreement 2013. The application was made under section 187 of the Fair Work Act 2009. The dispute was between Spotlight Pty Ltd and the United Voice union. The matter was heard in the Fair Work Commission.

The primary issue was whether the enterprise agreement met the "better off overall test" as stipulated in the Fair Work Act. The test requires that the agreement must provide employees with a minimum total pay rate that is no less favourable than the applicable award or safety net. The Commission considered the financial implications of the agreement for employees, including wages, penalty rates, and other entitlements.

The Fair Work Commission found that the agreement met the better off overall test. The agreement provided for a total pay rate that was at least as favourable as the applicable award or safety net. The Commission noted that the agreement included provisions for higher wages and improved working conditions for employees. The Commission approved the agreement, stating that it would benefit the employees in the long term.

The Fair Work Commission approved the Spotlight Laverton North Distribution Centre Enterprise Agreement 2013, effective from 1 January 2014. The decision was made on 18 December 2013.

Spotlight Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established