Super A Mart Pty Ltd T/A Super A Mart Summary

[2014] FWCA 4383

FAIR WORK COMMISSION

DECISION

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

Super A Mart Pty Ltd T/A Super A Mart
(AG2014/6534)

SUPER A MART PERTH DC ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 1 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Super A Mart Perth 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 Ltd T/A Super A Mart(the Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Super A Mart Pty Ltd, trading as Super A Mart, applied for approval of the Super A Mart Perth DC Enterprise Agreement 2014. The dispute centred on whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The court was required to determine if the agreement contained all the necessary provisions and if it had been fairly negotiated. The primary legal issue was whether the agreement was a genuine enterprise agreement, considering the procedural fairness in its negotiation and the absence of certain prescribed pay and conditions. The court had to scrutinise whether the agreement satisfied the specific requirements outlined in the Fair Work Act.

The court examined the negotiation process and found that the agreement was indeed a genuine enterprise agreement. It considered the evidence presented regarding the negotiation process and concluded that it was conducted in good faith and without coercion. The court also evaluated the content of the agreement against the statutory requirements and found that it included all the necessary provisions, including the prescribed pay and conditions. The court held that the agreement was fair and balanced, taking into account the interests of both the employer and the employees.

In light of the findings, the court approved the Super A Mart Perth DC Enterprise Agreement 2014. The court determined that the agreement was a genuine enterprise agreement that met all statutory requirements. The court also noted that the agreement was fairly negotiated and contained all the necessary provisions. The approval of the agreement ensures that it will have legal effect and will govern the employment conditions of the employees covered by the agreement.

Super A Mart Pty Ltd T/A Super A Mart

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established