101Warehousing Pty Ltd

[2020] FWCA 4894

[2020] FWCA 4894

FAIR WORK COMMISSION

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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