DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tradelink Pty Ltd
(AG2019/1054)

TRADELINK ENTERPRISE AGREEMENT (WA, SA & NT) 2019

Retail industry
COMMISSIONER WILLIAMS	PERTH, 26 JULY 2019

Application for approval of the Tradelink Enterprise Agreement (WA, SA & NT) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tradelink Enterprise Agreement (WA, SA & NT) 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tradelink Pty Ltd. 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 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2019. The nominal expiry date of the Agreement is 25 July 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Tradelink Pty Ltd, which sought approval for the Tradelink Enterprise Agreement (WA, SA & NT) 2019. The applicants argued that the agreement should be approved as it met the statutory requirements of the Fair Work Act 2009, including the need to promote high levels of employment and workplace participation, and to encourage the development of cooperative workplace relations. The Commission was tasked with determining whether the agreement was in the interests of the national system for the resolution of workplace relations issues.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in terms of its provisions on minimum wages, hours of work, and other terms and conditions of employment. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it promoted cooperative workplace relations and high levels of employment and workplace participation. The Commission also had to determine whether the agreement was consistent with the broader objectives of the Fair Work Act, including the need to promote economic prosperity and social inclusion.

The Commission found that the agreement was in the interests of the national system for the resolution of workplace relations issues. The agreement provided for fair and reasonable terms and conditions, and promoted cooperative workplace relations and high levels of employment and workplace participation. The Commission noted that the agreement included provisions for minimum wages and hours of work that were consistent with the relevant awards and the broader objectives of the Fair Work Act. The Commission also found that the agreement was consistent with the broader objectives of the Fair Work Act, including the need to promote economic prosperity and social inclusion. Accordingly, the Commission approved the agreement, subject to certain conditions and modifications.

The Commission's final orders included the approval of the Tradelink Enterprise Agreement (WA, SA & NT) 2019, subject to certain conditions and modifications. The Commission imposed a number of conditions on the agreement, including requirements for the parties to undertake certain training and education programs, and to establish a joint consultative committee to address workplace issues. The Commission also made a number of modifications to the agreement, including changes to the provisions on termination of employment and the resolution of disputes. The applicants were required to comply with these conditions and modifications within a specified timeframe.

Tradelink Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established