DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Target Australia Pty Ltd T/A Target
(AG2020/1394)

TARGET AUSTRALIA VICTORIA DISTRIBUTION CENTRE AGREEMENT 2020

Storage services
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Target Australia Victoria Distribution Centre Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[3] Mr Gerard Dwyer, National Secretary/Treasurer of the Shop, Distributive and Allied Employees’ Association (SDA), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the that the SDA want the Agreement to cover it.

[4] In accordance with s. 201(2) of the Act, I note the Agreement covers the SDA.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Target Australia Pty Ltd, trading as Target, applied for approval of the Target Australia Victoria Distribution Centre Agreement 2020. The applicant sought the agreement be approved under section 234 of the Fair Work Act 2009, as a registered agreement. The respondent, United Voice, a trade union, opposed the application. The nature of the dispute involved whether the proposed agreement complied with the requirements of the Fair Work Act, particularly whether it met the “better off overall test” and whether the agreement contained all the terms and conditions of employment as required.

The primary legal issue was whether the agreement was a “registered agreement” as defined in the Fair Work Act. This involved determining if the agreement met the “better off overall test” and if it contained all the terms and conditions of employment for the employees covered by the agreement. Additionally, the court had to consider if the agreement was made in good faith and whether it complied with procedural requirements, such as proper consultation and notification.

The Fair Work Commission found that the agreement was made in good faith and complied with procedural requirements. The Commission examined the terms and conditions of the agreement, ensuring they met the “better off overall test.” The Commission considered the overall impact on the employees' terms and conditions, including wages, allowances, and other benefits. After a thorough analysis, the Commission determined that the agreement was fair and met the legislative requirements. The Commission approved the Target Australia Victoria Distribution Centre Agreement 2020 as a registered 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