DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steinhoff Asia Pacific Pty Limited T/A Freedom
(AG2020/862)

FREEDOM RETAIL ENTERPRISE AGREEMENT 2020

Retail industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 4 MAY 2020

Application for approval of the Freedom Retail Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Freedom Retail Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Steinhoff Asia Pacific Pty Limited T/A Freedom (Employer). 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.

[3] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] The Shop, Distributive and Allied Employees Association 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 of the Act, will operate from 11 May 2020. The nominal expiry date of the Agreement is 4 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Steinhoff Asia Pacific Pty Limited, trading as Freedom, which sought approval for the Freedom Retail Enterprise Agreement 2020. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement adequately represented the interests of the employees and complied with the relevant legislative provisions under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was genuinely bargained for, whether it provided for fair and reasonable terms and conditions, and whether it met the criteria for being an enterprise agreement under the Act. The court had to carefully examine the process through which the agreement was negotiated and the terms it contained, ensuring they were not unduly harsh, unreasonable, or discriminatory.

The Fair Work Commission found that the agreement was genuinely negotiated between the employer and the employees' representatives. The terms of the agreement were considered fair and reasonable, taking into account the economic context and the interests of both parties. The Commission concluded that the agreement met the necessary criteria and did not unfairly disadvantage any employee group. As such, the application for approval was granted.

The final orders of the Commission included the approval of the Freedom Retail Enterprise Agreement 2020, effective from the date specified in the agreement. The approved agreement now serves as the basis for the terms and conditions of employment for the relevant employees.

Steinhoff Asia Pacific Pty Limited T/A Freedom

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established