DECISION

Fair Work Act 2009
s.185—Enterprise agreement

101Warehousing Pty Ltd
(AG2020/2393)

101WAREHOUSING PTY LTD ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the 101Warehousing Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the 101Warehousing Pty Ltd Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by 101Warehousing Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 of the Agreement I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 4.7.2 of the Agreement which confines the entitlement to carer’s leave to a member of the employee’s household only; and

• Clause 4.7.3 of the Agreement, which provides that if an employee is unable to attend work for any reason (as it relates to the taking of personal/carer’s leave), notice should be provided as soon as practicable prior to the employee’s normal commencement time.

[4] The Agreement is approved and in accordance with s.54 of the Act will operate from 30 September 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute regarding the approval of the 101Warehousing Pty Ltd Enterprise Agreement 2020. The applicant, 101Warehousing Pty Ltd, sought the Commission’s approval of the enterprise agreement, which had been negotiated between the company and the union representing its employees. The union, however, raised concerns about various provisions of the agreement, particularly those relating to pay rates, conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the union argued that certain clauses in the agreement were not fair and did not comply with the "better off overall test." This test requires that an enterprise agreement must not lead to a deterioration in the financial position of employees and must be better than the applicable award or registered agreement.

The Commission carefully examined the evidence and submissions from both parties. It considered the nature of the industry, the bargaining power of the parties, and the fairness of the agreement’s provisions. The Commission found that the agreement did not result in a deterioration of the employees’ financial position and met the "better off overall test." It also noted that the agreement provided for fair and effective dispute resolution mechanisms.

Accordingly, the Commission approved the 101Warehousing Pty Ltd Enterprise Agreement 2020. The union’s concerns were addressed through minor modifications to some of the clauses, ensuring that the agreement was fair and met all legal requirements. The approved agreement now serves as the governing framework for the employment conditions of the union's members at 101Warehousing Pty Ltd.

101Warehousing 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