DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Reject Shop Limited
(AG2015/7793)

THE REJECT SHOP QUEENSLAND DISTRIBUTION CENTRE AGREEMENT 2016-2018

Storage services
COMMISSIONER ROE	MELBOURNE, 21 JANUARY 2016

Application for approval of The Reject Shop Queensland Distribution Centre Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The Reject Shop Queensland Distribution Centre Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Reject Shop Limited. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 January 2016 and, in accordance with s.54, will operate from 28 January 2016. The nominal expiry date of the Agreement is 21 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Reject Shop Limited sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, known as The Reject Shop Queensland Distribution Centre Agreement 2016-2018, was proposed between the company and the Retail and Fast Food Workers Union. The dispute centred around the terms of the proposed agreement, particularly those relating to wages, conditions, and dispute resolution mechanisms. The FWC was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement complied with the statutory provisions of the Fair Work Act. Specifically, the FWC had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any unlawful content. The union argued that the agreement adequately represented the interests of the employees, while the employer contended that certain provisions were unfair and not in the best interests of the business. The FWC also had to consider whether the agreement met the 'better off overall test' and was made in good faith.

In assessing the agreement, the FWC noted that the proposed terms and conditions were generally fair and reasonable. The FWC found that the agreement provided for appropriate wage increases and improvements in working conditions. However, the FWC made some amendments to the agreement to address certain concerns raised by the parties. The FWC concluded that, overall, the agreement was in the best interests of the employees and the employer. The FWC approved the agreement subject to the amendments, finding that it met the statutory requirements for approval.

The FWC's final order was that The Reject Shop Queensland Distribution Centre Agreement 2016-2018, as amended, was approved and registered. The agreement came into effect on the date of the FWC's decision and was to remain in force until the end of the specified period. The FWC's approval of the agreement provided certainty for both the employer and the employees and facilitated a cooperative and productive working environment.

The Reject Shop Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established