DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Super Amart Pty Ltd T/A Super Amart
(AG2017/3883)

SUPER AMART SYDNEY DC ENTERPRISE AGREEMENT 2017

Retail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Super Amart Sydney 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] 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 1 December 2017 and, in accordance with s.54, will operate from 8 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Super Amart Pty Ltd T/A Super Amart sought approval for the Sydney DC Enterprise Agreement 2017, which was negotiated with the Shop, Distributive and Allied Employees' Association (SDA). The dispute centred on the agreement's terms, specifically those relating to conditions of employment for employees in Sydney DC. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the FWC involved assessing the fairness of the agreement's terms, including wages, penalty rates, and other conditions. The FWC considered whether the agreement provided for a "safety net" that ensured employees were not worse off than the relevant national workplace determination. Additionally, the FWC examined if the agreement contained provisions that were contrary to public policy, such as excessive working hours or unreasonable restrictions on employees' rights.

The FWC found that the agreement provided a safety net for employees, ensuring they were not disadvantaged compared to the relevant national workplace determination. The FWC also noted that the agreement contained provisions that were consistent with public policy and did not impose excessive working hours. Consequently, the FWC approved the agreement, recognising it as fair and meeting the requirements under the Fair Work Act.

The FWC's decision resulted in the approval of the Super Amart Sydney DC Enterprise Agreement 2017. The agreement was deemed fair and compliant with the statutory criteria, ensuring employees' rights were protected while allowing for reasonable business practices.

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