DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Statewide Independent Wholesalers Limited
(AG2021/4821)

STATEWIDE INDEPENDENT WHOLESALERS TASMANIA REGIONAL DISTRIBUTION CENTRE – UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

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COMMISSIONER YILMAZ	MELBOURNE, 10 MAY 2021

Application for approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - United Workers Union Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Independent Wholesalers Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 17 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Statewide Independent Wholesalers Limited to approve the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - United Workers Union Enterprise Agreement 2020. The United Workers Union contested the application, raising concerns about the terms and conditions of employment under the proposed agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for approval. Specifically, the Commission had to consider whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it was fairly negotiated and met the genuine agreement threshold. The Union argued that certain provisions of the agreement were unfair and did not provide adequate protections for employees.

In its decision, the Commission found that the proposed agreement contained the necessary minimum terms and conditions as required by the Act. The Commission also determined that the agreement was genuinely negotiated and met the threshold for approval. While acknowledging the Union's concerns, the Commission concluded that the overall terms and conditions of the agreement were fair and reasonable. The Commission approved the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - United Workers Union Enterprise Agreement 2020, dismissing the Union's objections.

The Commission's final order was that the enterprise agreement be approved as lodged, effective from the date of the decision. The Union's objections to the agreement were dismissed, and the agreement was to be registered with the Fair Work Commission.

Statewide Independent Wholesalers Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established