DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Campus Bookstore Ltd
(AG2021/107)

THE CAMPUS BOOKSTORE COLLECTIVE AGREEMENT 2020

Retail industry
COMMISSIONER LEE	MELBOURNE, 23 FEBRUARY 2021

Application for approval of The Campus Bookstore Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Campus Bookstore Collective 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 The Campus Bookstore Ltd. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2021. The nominal expiry date of the Agreement is 22 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of The Campus Bookstore Ltd, the Fair Work Commission was presented with an application for the approval of a new collective agreement between the employer and its employees, represented by a union. The Campus Bookstore Ltd sought the approval of a collective agreement which had been negotiated in good faith between the parties. The agreement covered various terms and conditions of employment, including wages, hours of work, leave entitlements and other workplace arrangements.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, and if it complied with the procedural requirements for negotiation and approval. The Commission also considered whether the agreement contained any terms that were contrary to public policy or that had the potential to undermine the operation of the Act.

The Fair Work Commission found that the Campus Bookstore Ltd had engaged in good faith bargaining with the union, and that the agreement reflected the outcome of those negotiations. The Commission determined that the terms of the agreement were in the best interests of the employees, and that they did not contravene any provisions of the Act. The Commission also found that the procedural requirements for negotiation and approval had been satisfied. As such, the Commission approved the collective agreement, finding that it was fair and reasonable in all the circumstances.

No further orders were made by the Commission. The Campus Bookstore Ltd was directed to implement the terms of the approved agreement, and the union was authorised to take any necessary steps to ensure compliance by the employer. The employees covered by the agreement were now bound by its terms, and the union had the right to take any appropriate action to enforce the agreement.

The Campus Bookstore Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established