DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Target Australia Pty Ltd T/A Target
(AG2020/3727)

TARGET AUSTRALIA QUEENSLAND DISTRIBUTION CENTRE AGREEMENT 2020

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DEPUTY PRESIDENT BEAUMONT	PERTH, 17 DECEMBER 2020

Application for approval of the Target Australia Queensland Distribution Centre Agreement 2020.

[1] Target Australia Pty Ltd T/A Target has made an application for the approval of an enterprise agreement known as the Target Australia Queensland Distribution Centre Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In relation to clause 23 of the Agreement, and concerns raised that the clause is inconsistent with, or less beneficial than, the National Employment Standards, Target Australia Pty Ltd has elected to rely on clause 6.1 of the Agreement.

[4] The Shop, Distributive and Allied Employees Association and United Workers’ Union (together, the organisations),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), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[5] The Agreement was approved on 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 6 August 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Target Australia Pty Ltd, trading as Target, filed an application for the approval of the Target Australia Queensland Distribution Centre Agreement 2020. The agreement was made in the context of negotiations between Target and the Retail and Fast Food Workers Union of Australia, the relevant trade union. The Fair Work Commission was the court tasked with examining the application and determining whether the proposed agreement should be approved. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission examined various aspects of the agreement, including the terms and conditions of employment, the classification of employees, and the dispute resolution mechanisms. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, leave entitlements, and other employment-related matters. The Commission also considered the classification of employees under the agreement, which included both permanent and casual employees. The Commission found that the classification was reasonable and that the agreement provided for appropriate protections for casual employees. In terms of dispute resolution, the Commission noted that the agreement provided for a multi-step dispute resolution process, including the option for employees to seek external assistance from the Commission.

In approving the agreement, the Commission found that it met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was an improvement on the existing terms and conditions for many employees. The Commission also found that the agreement provided for appropriate protections for casual employees and that the dispute resolution mechanisms were effective. The Commission approved the agreement, subject to certain minor modifications to address specific concerns raised during the hearing. The final orders of the Commission included the approval of the Target Australia Queensland Distribution Centre Agreement 2020, with the modifications noted above. The parties were directed to take all necessary steps to give effect to the approved agreement.

Target Australia Pty Ltd T/A Target

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established