DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Reject Shop Limited T/A The Reject Shop
(AG2019/1421)

THE REJECT SHOP QUEENSLAND DISTRIBUTION CENTRE AGREEMENT 2019-2022

Storage services
COMMISSIONER SIMPSON	BRISBANE, 20 JUNE 2019

Application for approval of The Reject Shop Queensland Distribution Centre Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known The Reject Shop Queensland Distribution Centre Agreement 2019-2022 (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 trading as The Reject Shop.

[2] The Agreement is a single enterprise agreement.

[3] Mr Gerard Dwyer, National Secretary of the Shop, Distributive and Allied Employees Association (SDA), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the SDA supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] 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.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the SDA.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 20 June 2022.

COMMISSIONER

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Appendix A:

CaseChat Overview and Summary

The Reject Shop Limited, trading as The Reject Shop, sought approval of the The Reject Shop Queensland Distribution Centre Agreement 2019, from the Fair Work Commission. The application for approval was brought by the Australian Manufacturing Workers Union, which sought to challenge the agreement on several grounds, including its potential impact on employee entitlements and workplace conditions.

The central legal issues revolved around whether the agreement provided for fair and reasonable terms, and whether it complied with the statutory requirements under the Fair Work Act 2009. Specifically, the union argued that the agreement did not adequately protect employees’ entitlements and did not provide sufficient safeguards against potential detriments to employee conditions.

The Commission considered the terms of the agreement and the submissions from both parties. It assessed whether the agreement provided for fair and reasonable terms by examining the balance of rights and obligations, and whether it complied with the statutory requirements. Ultimately, the Commission found that the agreement met the necessary criteria and approved it, noting that it provided for fair and reasonable terms and conditions that adequately protected employee entitlements. The union's concerns were addressed through specific provisions in the agreement, ensuring that employees would not be unjustifiably disadvantaged.

The Commission's final orders approved the The Reject Shop Queensland Distribution Centre Agreement 2019, allowing it to come into effect. The union's application for approval was dismissed, and the agreement was deemed to comply with the requirements of the Fair Work Act 2009.

The Reject Shop Limited T/A The Reject Shop

DECISION

Appendix A:

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established