The Reject Shop Limited

[2013] FWCA 4198

FAIR WORK COMMISSION

DECISION

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

The Reject Shop Limited
(AG2013/6783)

THE REJECT SHOP QUEENSLAND DISTRIBUTION CENTRE AGREEMENT 2013-2016

Storage services
COMMISSIONER WILSON	SYDNEY, 27 JUNE 2013

Application for approval of The Reject Shop Queensland Distribution Centre Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the The Reject Shop Queensland Distribution Centre Agreement 2013-2015 (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 have accepted the undertaking attached to this decision, which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2013. The nominal expiry date of the Agreement is 1 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by The Reject Shop Limited seeking approval of the The Reject Shop Queensland Distribution Centre Agreement 2013-2016. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009. The applicants sought an order that the agreement be approved as a registered agreement. The respondents, who included various unions and employees, opposed the application on several grounds, including that the agreement did not comply with the good faith bargaining requirement.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement was made in good faith, and whether it contained the essential elements required by the Act. The court also needed to assess the adequacy of the consultation and negotiation processes that led to the agreement. Furthermore, the court had to consider whether the agreement provided for the fair treatment of employees and whether it contained provisions that were beneficial to the employees.

The Fair Work Commission found that the agreement was made in good faith and contained the essential elements required by the Act. The court noted that the applicants had engaged in extensive consultation and negotiation processes with the respondents, and that the agreement provided for the fair treatment of employees. The court was satisfied that the agreement was beneficial to the employees, and that it complied with the requirements of the Act. Accordingly, the court approved the agreement.

The Fair Work Commission made an order approving the The Reject Shop Queensland Distribution Centre Agreement 2013-2016 as a registered agreement. The order was made on the basis that the agreement met the criteria for approval under the Fair Work Act, and that it provided for the fair treatment of employees. The order was effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established