DECISION

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

The Reject Shop Limited
(AG2015/1928)

THE REJECT SHOP / NUW ENTERPRISE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 25 FEBRUARY 2015

Application for approval of The Reject Shop / NUW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Reject Shop / NUW Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] 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. 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] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

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CaseChat Overview and Summary

In the case of The Reject Shop Limited, the matter before the Fair Work Commission was an application for the approval of the NUW Enterprise Agreement 2014. The Reject Shop Limited sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The National Union of Workers (NUW) represented the employees in the dispute. The legal issues before the court centred on whether the enterprise agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it complied with procedural requirements.

The court examined the provisions of the Fair Work Act 2009 and relevant case law to determine whether the agreement met the necessary criteria. The court considered factors such as whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with procedural requirements, and whether it contained provisions that were contrary to public policy. The court also considered the evidence presented by both parties, including submissions and expert evidence, to determine whether the agreement met the statutory requirements for approval.

After careful consideration of the evidence and arguments presented, the court found that the enterprise agreement met the necessary criteria for approval. The court determined that the agreement provided for fair and reasonable terms and conditions of employment and complied with procedural requirements. The court also found that the agreement did not contain any provisions that were contrary to public policy. As a result, the court approved the enterprise agreement and registered it under the Fair Work Act 2009.

The final orders of the court included the approval and registration of the NUW Enterprise Agreement 2014, which was to be effective from the date of the decision. The court also ordered that the agreement be published on the Fair Work Commission's website and that notice of the approval be given to the parties and their employees. The court's decision provided certainty and clarity for both The Reject Shop Limited and the NUW, and ensured that the enterprise agreement would be recognised and enforceable under the Fair Work Act 2009.

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