DECISION

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

Super Amart Pty Ltd T/A Super Amart
(AG2017/3280)

AMART MELBOURNE DC ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Amart Melbourne DC Enterprise Agreement 2017

[1] An application has been made for approval of an enterprise agreement known as the Amart Melbourne DC Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Super Amart Pty Ltd T/A Super Amart. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Super Amart Pty Ltd, trading as Super Amart, sought approval for the Amart Melbourne DC Enterprise Agreement 2017. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at the Amart Melbourne Distribution Centre, and whether the proposed agreement met the statutory requirements for being registered as a lawful enterprise agreement.

The central legal issues before the Commission were whether the agreement contained all the prescribed terms as required by the Fair Work Act and whether it was made in accordance with the procedural requirements of the Act. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether the prescribed information was provided to the employees, and whether the agreement had been approved by a majority of the relevant employees. Additionally, the Commission had to consider whether the agreement complied with the Fair Work (Transitional Provisions) Regulations 2009.

The Fair Work Commission found that the Amart Melbourne DC Enterprise Agreement 2017 did indeed contain all the prescribed terms and was made in good faith. The Commission determined that the necessary procedural requirements of the Act were met, including the provision of relevant information to the employees and the attainment of majority approval. The agreement also satisfied the transitional provisions under the regulations. Consequently, the Commission approved the application for registration of the agreement.

Super Amart Pty Ltd T/A Super Amart

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established