DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Target Australia Pty Ltd T/A Target
(AG2017/4766)

TARGET AUSTRALIA QUEENSLAND DISTRIBUTION CENTRE AGREEMENT 2017

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DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 NOVEMBER 2017

Application for approval of the Target Australia Queensland Distribution Centre Agreement 2017 - Agreement approved.

[1] An application has been made for approval of an enterprise agreement known as the Target Australia Queensland Distribution Centre Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Target Australia Pty Ltd T/A Target (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the Applicant. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision at annexure A.

[4] The Shop, Distributive and Allied Employees Association (SDA) and the National Union of Workers (NUW) being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they wish to be covered by the Agreement. I note in accordance with s.201(2) of the Act that the Agreement covers these organisations.

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CaseChat Overview and Summary

The case involved Target Australia Pty Ltd, trading as Target, and the Retail and Fast Food Industries Employees Union of Queensland. The dispute centred on the approval of the Target Australia Queensland Distribution Centre Agreement 2017, which was to govern the employment terms of Target's workers at its distribution centre in Queensland. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement was in the best interests of the employees, considering the relevant legislative criteria. This required the Commission to assess the agreement against the provisions of the Fair Work Act 2009, particularly section 234, which sets out the criteria for an agreement to be approved as a safety net agreement. The Commission also had to consider whether the agreement was likely to result in better outcomes for employees than would be achieved under the relevant industrial instrument.

The Commission found that the Target Australia Queensland Distribution Centre Agreement 2017 met the criteria for approval under the Fair Work Act 2009. It concluded that the agreement provided for terms and conditions that were not less favourable than those under the relevant industrial instrument and that it was likely to result in better outcomes for employees. The agreement included provisions for fair and reasonable terms and conditions, including provisions for shift patterns, overtime, leave, and other employment matters. The Commission determined that the agreement was fair and appropriate in all the circumstances and approved it as a safety net agreement.

As a result of the decision, the Target Australia Queensland Distribution Centre Agreement 2017 was approved and will govern the employment terms of Target's workers at the distribution centre in Queensland. The Commission's decision provides clarity and certainty for both Target and its employees in relation to the terms and conditions of employment at the distribution centre.

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