DECISION

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

SST Group Pty Ltd T/A 7-Eleven Clontarf
(AG2015/3122)

7-ELEVEN CLONTARF ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 10 NOVEMBER 2015

Application for approval of the 7-Eleven Clontarf Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
7-Eleven Clontarf Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act, 2009 (the Act). It has been made by SST Group Pty Ltd (7-Eleven Clontarf) (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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 6 October 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the case of SST Group Pty Ltd T/A 7-Eleven Clontarf, the Fair Work Commission (FWC) was presented with an application for the approval of the 7-Eleven Clontarf Enterprise Agreement 2015. The application was made by SST Group Pty Ltd, the employer, and opposed by the Shop, Distributive and Allied Employees' Association (SDA). The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the enterprise agreement contained all the necessary terms and conditions as required by the Act, and whether it was fair and reasonable. The SDA argued that certain provisions of the agreement were unfair and did not meet the 'better-off, overall test'. This test requires that employees be no worse off than they would be under their existing awards or agreements, and in many cases, better off.

In deliberating on the matter, the FWC examined the terms of the proposed agreement in detail, focusing on whether the agreement provided for a fair and reasonable outcome for the employees. The FWC concluded that while some provisions raised concerns, the overall balance of the agreement was fair and met the legal requirements. The FWC found that the agreement was likely to result in employees being better off overall and thus approved the agreement.

The FWC issued its decision approving the 7-Eleven Clontarf Enterprise Agreement 2015, effective from 1 July 2015. The approval was subject to the conditions set out in the decision, which included the requirement for the employer to provide specific information to employees about the agreement and its terms.

SST Group Pty Ltd T/A 7-Eleven Clontarf

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established