St Vincent de Paul Society (NSW) T/A St Vincent de Paul Kingswood Summary

[2025] FWCA 201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

St Vincent de Paul Society (NSW) T/A St Vincent de Paul Kingswood

(AG2024/4321)

ST VINCENT DE PAUL SOCIETY (NSW) RETAIL, DISTRIBUTION AND RECYCLING ENTERPRISE AGREEMENT 2024

Retail and recycling industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JANUARY 2025

Application for approval of the St Vincent de Paul Society (NSW) Retail, Distribution and Recycling Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the St Vincent de Paul Society (NSW) Retail, Distribution and Recycling Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by St Vincent de Paul Society (NSW) (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 17 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the General Retail Industry Award 2020, Waste Management Award 2020, and Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Shop, Distributive and Allied Employees Association (SDA), and Australian Workers' Union (AWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Model clause

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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 30 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, St Vincent de Paul Society (NSW), trading as St Vincent de Paul Kingswood, sought approval for the Retail, Distribution and Recycling Enterprise Agreement 2024. The dispute arose in the context of industrial relations, with the primary focus being on the terms and conditions of employment for employees covered by the agreement. The application was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes.

The central legal issues revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it adhered to the principles of the National Employment Standards. The Commission also considered whether the agreement had been fairly and genuinely negotiated and if it provided for the fair and effective representation of employees.

The Fair Work Commission concluded that the agreement was fair and reasonable and met the statutory requirements for approval. The Commission found that the agreement provided for appropriate terms and conditions that balanced the interests of both employers and employees. The Commission noted that the agreement had been genuinely negotiated, and the evidence presented indicated that the employees were fairly and effectively represented during the negotiation process. The Commission approved the agreement based on these findings, thereby ensuring that the employees would benefit from a fair and equitable workplace arrangement.

The Fair Work Commission approved the Retail, Distribution and Recycling Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will apply to the employees covered by it, providing a framework for their employment relationship. The decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and genuinely negotiated, thereby promoting harmonious industrial relations.

St Vincent de Paul Society (NSW) T/A St Vincent de Paul Kingswood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established