DECISION

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

UnitingCare Community
(AG2015/7034)

UNITINGCARE COMMUNITY RETAIL ENTERPRISE AGREEMENT 2015

Retail industry
COMMISSIONER SPENCER	BRISBANE, 3 MARCH 2016

Application for approval of the UnitingCare Community Retail Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Community Retail Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UnitingCare Community. The Agreement is a single-enterprise agreement.

[2] The Shop Distributive and Allied Employees Association (SDA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] Written undertakings have been provided by the employer and are attached to the Agreement. The SDA and the employee bargaining representative support the undertakings. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 10 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UnitingCare Community sought approval of the UnitingCare Community Retail Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement contained necessary terms and conditions that were fair and reasonable for the employees covered by the agreement. The case arose because UnitingCare Community and the relevant union had reached an agreement, but the union was unable to certify the agreement as "fair and reasonable" under the Fair Work Act 2009. The legal issues before the court were whether the agreement contained the necessary terms and conditions and whether these terms and conditions were fair and reasonable.

The court examined the agreement in detail, considering the submissions made by both UnitingCare Community and the union. The court found that the agreement contained the necessary terms and conditions and that these terms and conditions were fair and reasonable. The court noted that the agreement provided for a range of entitlements, including wages, leave, and other benefits, and that these entitlements were comparable to those provided for in other agreements in the retail industry. The court also found that the agreement contained provisions that allowed for flexibility in the workplace, which was important given the nature of the retail industry.

The court approved the UnitingCare Community Retail Enterprise Agreement 2015, finding that it contained the necessary terms and conditions and that these terms and conditions were fair and reasonable. The court noted that the agreement provided for a range of entitlements and that these entitlements were comparable to those provided for in other agreements in the retail industry. The court also found that the agreement contained provisions that allowed for flexibility in the workplace, which was important given the nature of the retail industry. The court's approval of the agreement means that it can now be registered with the Fair Work Commission, and UnitingCare Community can implement the agreement.

UnitingCare Community

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established