DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Super Amart Pty Ltd T/A Super Amart
(AG2017/1072)

SUPER AMART PERTH DC ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Super Amart Perth DC Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Super Amart Perth 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] 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. 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 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 1 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Super Amart Pty Ltd, trading as Super Amart, applied to the Fair Work Commission for approval of the Super Amart Perth DC Enterprise Agreement 2017. The company sought to have the agreement recognised as meeting the requirements of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers covered by the agreement and whether the agreement complied with the relevant legislative provisions.

The central legal issue before the Commission was whether the agreement met the formal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in accordance with the provisions of the Act and whether it complied with the procedural requirements for an enterprise agreement. Additionally, the Commission needed to assess if the agreement contained terms and conditions that were fair and reasonable, considering the relevant public policy considerations.

In examining the application, the Commission considered the procedural fairness of the agreement-making process, the fairness of the terms and conditions within the agreement, and whether the agreement complied with all relevant legislative provisions. The Commission found that the agreement was made in good faith and the process followed was procedurally fair. The terms of the agreement were found to be fair and reasonable, taking into account the economic circumstances and public policy considerations relevant to the agreement. The Commission concluded that the agreement met all the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Super Amart Perth DC Enterprise Agreement 2017, finding it to be compliant with the legislative requirements and fair and reasonable in its terms and conditions. The Commission's decision was based on a detailed analysis of the agreement's compliance with the procedural and substantive requirements of the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions set out within it will govern the employment relationship between Super Amart and the workers covered by 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