DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TerryWhite Chemmart Pty Ltd T/A TerryWhite Chemmart
(AG2018/4626)

TERRYWHITE CHEMMART WAREHOUSE AGREEMENT 2018

Pharmacy operations
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2018

Application for approval of the TerryWhite Chemmart Warehouse Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TerryWhite Chemmart Warehouse Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TerryWhite Chemmart Pty Ltd T/A TerryWhite Chemmart. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 December 2018 and, in accordance with s.54, will operate from 24 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, TerryWhite Chemmart Pty Ltd trading as TerryWhite Chemmart, sought approval of the TerryWhite Chemmart Warehouse Agreement 2018 under the Fair Work Act 2009. The application was before the Fair Work Commission, which was required to consider whether the agreement provided for fair and reasonable terms for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employer and employees, provided for procedural fairness in the workplace, and met the requirements for the approval of an enterprise agreement under the Act. The Commission needed to assess whether the agreement provided for terms and conditions of employment that were fair and reasonable in all respects, including remuneration, hours of work, and other conditions of employment.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including appropriate remuneration and reasonable hours of work. The Commission also found that the agreement provided for procedural fairness in the workplace, including appropriate dispute resolution mechanisms. The Commission approved the agreement, finding that it met the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the TerryWhite Chemmart Warehouse Agreement 2018, finding that it provided for fair and reasonable terms and conditions of employment and procedural fairness in the workplace. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009.

TerryWhite Chemmart Pty Ltd T/A TerryWhite Chemmart

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established