Target Australia Pty Ltd T/A Target
[2023] FWCA 381
•8 FEBRUARY 2023
| [2023] FWCA 381 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Target Australia Pty Ltd T/A Target
(AG2022/5310)
TARGET AUSTRALIA RETAIL AGREEMENT 2022
| Retail industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 8 FEBRUARY 2023 |
Application for approval of the Target Australia Retail Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Target Australia Retail Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Target Australia Pty Ltd T/A Target. The Agreement is a single enterprise agreement.
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.
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 title of the Agreement provided in the Notice of Employee Representational Rights is different to the title in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Workers’ Union and the Shop, Distributive and Allied Employees Association 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 these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 7 February 2027.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
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