DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sussan Corporation (Aust) Pty Ltd T/A Sussan
(AG2019/3016)

SUSSAN / SDA NDC AGREEMENT 2019

Retail industry
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Sussan / SDA NDC Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sussan / SDA NDC Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sussan Corporation (Aust) Pty Ltd T/A Sussan. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Shop, Distributive and Allied Employees Association 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Sussan Corporation (Aust) Pty Ltd T/A Sussan, the Federal Court considered the application for approval of the Sussan / SDA NDC Agreement 2019. The application was made by the company and the Shop, Distributive and Allied Employees' Association (SDA) to the Fair Work Commission, seeking its approval of a new National Decentralised Collective Agreement (NDC Agreement). The dispute arose from the negotiations between the parties regarding wages, conditions, and other employment terms.

The central legal issue before the court was whether the proposed NDC Agreement complied with the requirements of the Fair Work Act 2009, particularly sections 232 and 233, which outline the process for approving such agreements. The court had to examine whether the agreement was made in good faith, whether it contained the necessary provisions, and if the application met the procedural requirements set out in the Act.

The court examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the proposed agreement. It found that the application met the procedural requirements, and the agreement was made in good faith. The court further determined that the proposed agreement contained all necessary provisions as required by the Act. Consequently, the court approved the application, and the NDC Agreement was authorised to come into effect.

As a result of the court's decision, the Fair Work Commission's approval of the Sussan / SDA NDC Agreement 2019 was affirmed, and the agreement was authorised to take effect from the specified date. This outcome ensures that the terms and conditions of employment for the relevant employees are regulated under the approved agreement.

Sussan Corporation (Aust) Pty Ltd T/A Sussan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established