DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Staples Australia Pty Ltd
(AG2016/4830)

STAPLES AUSTRALIA PTY LIMITED, BOHLE IN QUEENSLAND ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Staples Australia Pty Limited, Bohle in Queensland Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Staples Australia Pty Limited, Bohle in Queensland Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Staples Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Staples Australia Pty Ltd, the Fair Work Commission was tasked with the approval of the Staples Australia Pty Limited, Bohle in Queensland Enterprise Agreement 2016. The application for approval arose from a dispute between Staples Australia Pty Ltd and its employees at the Bohle location regarding the terms and conditions of their employment. The employees sought to have the enterprise agreement approved under the Fair Work Act 2009, while Staples Australia Pty Ltd was also involved in the proceedings to ensure compliance with employment laws.

The legal issues before the Commission were whether the agreement met the requirements for "better off overall" and "no detriment" as stipulated under section 234 of the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement contained all the mandated terms as per section 228 of the Act, and whether it complied with the good faith bargaining requirements under section 230. The Commission also considered the fairness of the agreement in terms of its impact on employees' wages, conditions, and overall employment benefits.

Upon reviewing the agreement, the Fair Work Commission found that it met the statutory requirements for approval. The Commission determined that the agreement was fair and balanced, providing employees with a "better off overall" outcome compared to the applicable award. The agreement included provisions that were consistent with the mandated terms and did not result in any detriment to the employees. Furthermore, the Commission was satisfied that the agreement reflected the outcome of good faith bargaining. Therefore, the Commission approved the Staples Australia Pty Limited, Bohle in Queensland Enterprise Agreement 2016.

The final orders of the Commission were that the Staples Australia Pty Limited, Bohle in Queensland Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement would now serve as the basis for the terms and conditions of employment for the employees at the Bohle location, and would remain in effect until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

Staples Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established