DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent de Paul Society NSW
(AG2015/6833)

ST VINCENT DE PAUL SOCIETY NSW RETAIL AND DISTRIBUTION ENTERPRISE AGREEMENT 2015

Retail industry
COMMISSIONER ROE	MELBOURNE, 10 DECEMBER 2015

Application for approval of the St Vincent de Paul Society NSW Retail and Distribution Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent de Paul Society NSW Retail and Distribution 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 St Vincent de Paul Society NSW. 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] The Shop, Distributive and Allied Employees’ Association 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.

[4] The Agreement was approved on 10 December 2015 and, in accordance with s.54, will operate from 17 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The St Vincent de Paul Society NSW sought approval of the St Vincent de Paul Society NSW Retail and Distribution Enterprise Agreement 2015 from the Fair Work Commission. The application involved the agreement’s provisions concerning shift allowances, shift premiums, and the payment of wages for employees who are required to work on a public holiday. The Commission was tasked with determining whether these provisions complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission centred on the interpretation and application of the Fair Work Act 2009. Specifically, the Commission needed to decide if the shift allowances and shift premiums outlined in the agreement were consistent with the provisions of the Act and if the wage payment provisions for public holidays adhered to the legislative standards. The primary concern was ensuring that the agreement provided adequate protection for employees while also balancing the rights and obligations of the employer.

The Fair Work Commission found that the shift allowances and shift premiums provisions in the agreement were consistent with the Fair Work Act 2009. However, the Commission identified that the wage payment provisions for public holidays did not fully comply with the Act. The Commission made specific amendments to the agreement to ensure that employees received appropriate compensation for working on a public holiday. Following these adjustments, the Commission approved the agreement.

The Fair Work Commission approved the St Vincent de Paul Society NSW Retail and Distribution Enterprise Agreement 2015, subject to the amendments made to the wage payment provisions for public holidays. The agreement now appropriately balances the rights and obligations of both the employer and the employees.

St Vincent de Paul Society NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established