Super A Mart Pty Ltd T/A Super A Mart

[2014] FWCA 3984

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
(AG2014/6304)

SUPER A MART BRISBANE DC ENTERPRISE AGREEMENT 2014

Retail industry
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Super A Mart Brisbane 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 disputes settlement clause is provided for in Clause 10 of the Storage Services and Wholesale Award 2010 which is incorporated into the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 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 to the Fair Work Commission for the approval of the Super A Mart Brisbane DC Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the retail workers represented by the Retail and Fast Food Workers Union. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to manage and resolve employment disputes in Australia.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements under the Fair Work Act, including provisions that ensure fair and reasonable terms for employees and do not unfairly disadvantage any party. Specific concerns were raised regarding the classification of employees, the adequacy of the remuneration and conditions, and whether the agreement met the "better off overall test," ensuring employees were not worse off under the new agreement compared to their previous conditions.

In delivering its decision, the Commission considered the evidence provided by both parties and examined the provisions of the agreement in detail. The Commission found that the agreement met the statutory requirements and was fair and reasonable for the employees. It was determined that the agreement provided adequate protections and benefits, and importantly, it passed the better off overall test. Therefore, the Commission approved the Super A Mart Brisbane DC Enterprise Agreement 2014.

The final orders included the formal approval of the enterprise agreement, which would now apply to the employees covered by the agreement, ensuring their terms and conditions of employment were governed by the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established