| [2017] FWCA 5290 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Sussan Corporation (Aust) Pty Ltd T/A Sussan
(AG2017/3190)
Sussan/SDA NDC Agreement 2017
| Retail industry | |
| Commissioner Harper-Greenwell | MELBOURNE, 12 OCTOBER 2017 |
Application for approval of the Sussan/SDA NDC Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Sussan/SDA NDC 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 Sussan Corporation (Aust) Pty Ltd T/A Sussan. The Agreement is a single enterprise agreement.
The Applicant 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.
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. 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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
The Agreement was approved on 12 October 2017 and, in accordance with s.54, will operate from 19 October 2017. The nominal expiry date of the Agreement is 31 July 2019.
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Annexure A
- AGLC
- Sussan Corporation (Aust) Pty Ltd T/A Sussan [2017] FWCA 5290
- Case
- [2017] FWCA 5290
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the proposed non-discriminatory clause was fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the agreement was in the best interests of the employees and whether it provided adequate protections for them. Additionally, the Commission had to consider whether the agreement met the requirements for approval under section 234 of the Act.
In its decision, the Commission found that the proposed non-discriminatory clause was fair and reasonable. The Commission considered the terms of the agreement, the evidence presented by both parties, and the potential impact on the affected employees. The Commission concluded that the agreement provided adequate protections for the employees and was in their best interests. The Commission also found that the agreement complied with the relevant provisions of the Act and met the requirements for approval.
The Commission approved the Sussan/SDA NDC Agreement 2017, and the order was registered with the Fair Work Commission. The approval of the agreement allowed Sussan to implement the new non-discriminatory clause, subject to the terms and conditions outlined in the agreement. The decision provides guidance for employers and employees on the requirements for approving new non-discriminatory clauses in enterprise agreements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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