DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Staples Australia Pty Ltd
(AG2015/5881)

STAPLES AUSTRALIA PTY LTD CAMPBELL STREET AND SUNDERLAND ST DISTRIBUTION CENTRES, HOBART ENTERPRISE PARTNERSHIP AGREEMENT: 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Staples Australia Pty Ltd Campbell Street and Sunderland St Distribution Centres, Hobart Enterprise Partnership Agreement: 2015.

[1] An application has been made for approval of an enterprise agreement known as the Staples Australia Pty Ltd Campbell Street and Sunderland St Distribution Centres, Hobart Enterprise Partnership 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 Staples Australia Pty Ltd. 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] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Staples Australia Pty Ltd applied to the Tasmanian Planning Commission for approval of a partnership agreement with the Hobart Enterprise Partnership. The application concerned the development of distribution centres on land in Campbell Street and Sunderland Street, Hobart. The applicants sought to establish distribution centres to support their retail business. The Tasmanian Planning Commission approved the application but imposed a number of conditions. Staples appealed to the Tasmanian Court of Appeal. The sole issue before the Court was whether the Planning Commission's decision was legally sound.

The Court held that the Planning Commission had exercised its powers in accordance with the statutory scheme. The Commission's assessment of the application was comprehensive, and the evidence demonstrated that the development would be in the public interest. The Court found that the Planning Commission had not erred in law in approving the application. The Court also held that the conditions imposed were appropriate and did not render the approval legally flawed. The appeal was dismissed.

The Court made no orders as to costs.

Staples Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established