DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Reject Shop Limited
(AG2018/936)

THE REJECT SHOP WESTERN AUSTRALIA DISTRIBUTION CENTRE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JUNE 2018

Application for approval of The Reject Shop Western Australia Distribution Centre Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Reject Shop Western Australia Distribution Centre Agreement 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] The Applicant 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 that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] 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.

[5] The Shop, Distributive and Allied Employees Association 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Reject Shop Limited recently appeared before the Fair Work Commission in an application for approval of the The Reject Shop Western Australia Distribution Centre Agreement 2018. The applicant sought approval of the agreement to be made a registered agreement under section 194 of the Fair Work Act 2009. The respondent, the Shop, Distributive and Allied Employees' Association (SDA), did not oppose the application. The primary issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act, specifically whether it complied with the "better off overall test" (BOOT) as set out in section 234 of the Act.

The Commission noted that the SDA did not oppose the application, indicating that the agreement had been negotiated in good faith and was satisfactory in terms of its provisions. The Commission proceeded to examine the agreement to ensure it met the statutory requirements for registration. The Commission found that the agreement included all the prescribed terms as required by section 230 of the Fair Work Act, and that it was made in good faith and without coercion. The BOOT was assessed by comparing the conditions of the agreement with the applicable awards and the employees' existing conditions of employment. The Commission determined that employees would be better off overall by being party to the agreement.

Following its analysis, the Commission was satisfied that the agreement met all the necessary criteria for registration. It approved the The Reject Shop Western Australia Distribution Centre Agreement 2018 as a registered agreement under section 194 of the Fair Work Act. This decision ensures that the terms and conditions of employment set out in the agreement will apply to the employees covered by it, providing them with a clear and legally binding framework for their employment relationship.

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