Super A-Mart Pty Limited T/A Super A-Mart

[2014] FWCA 2844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Super A-Mart Pty Limited T/A Super A-Mart
(AG2014/5837)

SUPER A MART MELBOURNE DC ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 30 APRIL 2014

Application for approval of the Super A Mart Melbourne DC Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Super A Mart Melbourne DC Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Super A-Mart Pty Limited T/A Super A-Mart (the Applicant). The agreement is a single-enterprise agreement.

[2] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[3] As the agreement does not contain a consultation term, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[5] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2014. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Super A-Mart Pty Limited, trading as Super A-Mart, sought approval for the Super A Mart Melbourne DC Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine whether the agreement was in compliance with the Fair Work Act 2009 and met the necessary criteria for approval. The dispute centred on whether the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with procedural requirements under the Act.

The primary legal issue before the Commission was whether the agreement satisfied the "better off overall test" and was made in accordance with the procedural prerequisites set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided employees with a fair and reasonable outcome when compared to the applicable awards and whether it was genuinely negotiated. The Commission also needed to consider the application of procedural fairness in the negotiation process.

The Fair Work Commission found that the agreement was procedurally sound and met the better off overall test. The Commission was satisfied that the agreement was genuinely negotiated and provided fair and reasonable terms for the employees. The Commission noted that the agreement provided for improvements in various conditions, including pay rates, leave entitlements, and flexibility provisions. The Commission concluded that the agreement was in compliance with the Fair Work Act and granted approval.

The Fair Work Commission approved the Super A Mart Melbourne DC Enterprise Agreement 2014. The Commission found that the agreement met the better off overall test, was genuinely negotiated, and complied with the procedural requirements under the Fair Work Act. The agreement was therefore approved and will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established