DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Reject Shop Limited T/A The Reject Shop
(AG2018/6549)

THE REJECT SHOP AGREEMENT 2018

Retail industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 APRIL 2019

Application for approval of The Reject Shop Agreement 2018.

[1] The Reject Shop Limited has made an application for approval of an enterprise agreement known as The Reject Shop Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Shop, Distributive & Allied Employees’ Association, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 April 2019 and, in accordance with s 54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, The Reject Shop Limited, trading as The Reject Shop, applied for the approval of The Reject Shop Agreement 2018. This application came about due to a dispute regarding the proposed enterprise agreement's terms and conditions, which involved the classification and remuneration of certain employees within the company. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement was a "certified agreement" as defined by the Fair Work Act. This required the Commission to assess whether the agreement had been fairly negotiated and if it contained the necessary provisions for employee protections and workplace fairness. Another significant aspect of the case involved examining the agreement's provisions concerning employee classifications, including the definition of managerial roles and the implications of these classifications on employee entitlements.

After carefully reviewing the agreement and considering submissions from both parties, the Commission concluded that The Reject Shop Agreement 2018 did meet the statutory requirements for a certified agreement. The Commission found that the agreement had been fairly negotiated and contained adequate provisions for employee protections. It also ruled that the classifications and remuneration outlined in the agreement were reasonable and did not unfairly disadvantage any employees. Consequently, the Commission approved the agreement, allowing it to be implemented as a binding enterprise agreement.

The Commission's decision was communicated in writing, formalising the approval of The Reject Shop Agreement 2018. This ruling provided clarity and legal certainty for both The Reject Shop and its employees, ensuring that the terms of the agreement could be enforced and that any disputes arising from the agreement could be resolved within the framework established by the Fair Work Act.

The Reject Shop Limited T/A The Reject Shop

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established