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

[2014] FWCA 5127

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
(AG2014/6910)

SUPER A MART SYDNEY DC ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 29 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Super A Mart Sydney 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] 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

[4] 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

[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 5 August 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 Sydney DC Enterprise Agreement 2014. The dispute centred around whether the agreement, which aimed to regulate the terms and conditions of employment for employees within the Sydney DC enterprise, complied with the requirements of the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement met the procedural and substantive requirements for approval under the Act. Procedurally, the Commission had to consider whether the agreement was made in accordance with the processes outlined in the legislation, including whether genuine consultation had occurred between the employer and the employees. Substantively, the Commission needed to ensure that the agreement did not adversely affect employees’ minimum entitlements as set out in the national workplace laws.

The Fair Work Commission found that the agreement had been made following proper consultation and that it did not negatively impact employees’ minimum entitlements. The Commission also noted that the agreement included provisions that were fair and reasonable, addressing the specific needs of both the employer and the employees. Therefore, the Commission approved the agreement, recognising its compliance with the legislative requirements.

The final order of the Fair Work Commission was that the Super A Mart Sydney DC Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement are legally enforceable.

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