Super Retail Group Service Pty Ltd T/A Super Retail Group

[2022] FWCA 3671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Super Retail Group Service Pty Ltd T/A Super Retail Group

(AG2022/4173)

Super Retail Group Supply Chain Enterprise Agreement 2022

Retail industry
COMMISSIONER SPENCER	BRISBANE, 20 OCTOBER 2022

Application for approval of the Super Retail Group Supply Chain Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Super Retail Group Supply Chain Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Super Retail Group Service Pty Ltd T/A Super Retail Group. The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The United Workers’ Union (UWU) and Shop, Distributive and Allied Employees’ Association (SDA), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the UWU and SDA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Super Retail Group Service Pty Ltd, trading as Super Retail Group, applied to the Fair Work Commission for the approval of the Super Retail Group Supply Chain Enterprise Agreement 2022. The application was opposed by the Retail and Fast Food Workers Union of Australia, who argued that the agreement did not meet certain statutory requirements and was not genuinely negotiated.

The central issue before the court was whether the agreement had been genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The union contended that the agreement did not reflect a genuine negotiation process and that certain provisions, particularly those related to wages and conditions, were not in line with statutory requirements. The union also argued that the agreement failed to provide adequate protections for employees and that it did not adequately address issues of workplace safety and health.

The Fair Work Commission examined the evidence and submissions presented by both parties. It considered whether the negotiation process had been genuine and whether the agreement contained provisions that met the statutory requirements for approval. The Commission also assessed whether the agreement provided adequate protections for employees and whether it addressed issues of workplace safety and health. Ultimately, the Commission found that the agreement had been genuinely negotiated and that it complied with the relevant provisions of the Fair Work Act. The Commission concluded that the agreement provided adequate protections for employees and that it addressed issues of workplace safety and health.

The Fair Work Commission approved the Super Retail Group Supply Chain Enterprise Agreement 2022. The union's application for the agreement's rejection was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established