St Vincent De Paul Society (Nsw) T/A St Vincent De Paul Society Nsw Summary

[2022] FWCA 4028

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 Society Nsw

(AG2022/4252)

ST VINCENT DE PAUL SOCIETY NSW RETAIL, DISTRIBUTION AND RECYCLING ENTERPRISE AGREEMENT 2022

Miscellaneous
COMMISSIONER P RYAN	SYDNEY, 17 NOVEMBER 2022

Application for approval of the St Vincent de Paul Society NSW Retail, Distribution and Recycling Enterprise Agreement 2022

St Vincent de Paul Society (NSW) (Employer) has made an application for approval of an enterprise agreement known as the St Vincent de Paul Society NSW Retail, Distribution and Recycling Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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

Section 183 Bargaining representatives

The Australian Workers’ Union (AWU) and the Shop Distributive and Allied Employees Association (SDA), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AWU and the SDA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the St Vincent de Paul Society NSW, which sought approval of the St Vincent de Paul Society NSW Retail, Distribution and Recycling Enterprise Agreement 2022. The dispute centred around whether the terms of the agreement were fair and reasonable, considering the provisions of the Fair Work Act 2009. The applicant argued that the agreement was necessary to address the unique needs of its workforce, particularly in the context of the retail, distribution, and recycling sectors.

The legal issues before the Commission included whether the agreement provided for fair wages and conditions, and whether it was free from any coercive conduct that might have influenced the parties during negotiations. The Commission also had to consider whether the agreement would provide for efficient, productive, and flexible workplace relations. The applicant contended that the agreement was necessary for the efficient operation of its business, especially given the challenges posed by the COVID-19 pandemic.

The Commission found that the agreement was fair and reasonable, considering all relevant factors. It noted that the agreement provided for wages and conditions that were consistent with industry benchmarks and were designed to meet the specific needs of the workforce. The Commission was satisfied that the agreement was free from any coercive conduct and would facilitate efficient and productive workplace relations. The Commission approved the agreement, highlighting the importance of such agreements in enabling organisations to adapt to changing circumstances while ensuring fair treatment for their employees.

The Fair Work Commission approved the St Vincent de Paul Society NSW Retail, Distribution and Recycling Enterprise Agreement 2022. This decision underscores the importance of tailored enterprise agreements in addressing the specific needs of particular industries and workforces, particularly in the context of ongoing challenges such as the COVID-19 pandemic.

St Vincent De Paul Society (Nsw) T/A St Vincent De Paul Society Nsw

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established