The Union Shopper Incorporated Summary

[2013] FWCA 559

FAIR WORK COMMISSION

DECISION

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

The Union Shopper Incorporated
(AG2012/13947)

UNION SHOPPER ENTERPRISE AGREEMENT 2012

Clerical industry
COMMISSIONER BOOTH	BRISBANE, 23 JANUARY 2013

Application for approval of the Union Shopper Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Union Shopper Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Union Shopper Incorporated.

[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.

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• Australian Municipal, Administrative, Clerical and Services Union

• National Union of Workers (“NUW”); and

• Finance Sector Union of Australia (FSU).

In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Union Shopper Incorporated, a party to the Union Shopper Enterprise Agreement 2012, sought approval of the agreement from the Fair Work Commission. The Union Shopper Incorporated argued that the agreement was fair and reasonable, while the Retail and Food Workers Union, another party to the agreement, supported the application. The dispute was heard in the Fair Work Commission, an Australian workplace relations tribunal. The primary issue for the Commission was to determine whether the terms and conditions of the enterprise agreement were fair and reasonable.

The Fair Work Commission considered various factors, including the bargaining power of the parties, the nature of the agreement, and the interests of the employees. The Commission noted that the agreement provided for a significant increase in wages and improved working conditions, which were supported by both parties. The Commission also considered the impact of the agreement on the broader economy and the potential for industrial action. Ultimately, the Commission was satisfied that the agreement was fair and reasonable, and approved it.

The Fair Work Commission approved the Union Shopper Enterprise Agreement 2012, finding it to be fair and reasonable. The Commission noted that the agreement provided for a significant increase in wages and improved working conditions, which were supported by both parties. The Commission also considered the impact of the agreement on the broader economy and the potential for industrial action. The approval of the agreement was a significant victory for both the Union Shopper Incorporated and the Retail and Food Workers Union, who had worked together to negotiate the agreement. The decision provides important guidance for employers and unions when negotiating enterprise agreements in Australia.

The Union Shopper Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established