DECISION

Fair Work Act 2009
s.185—Enterprise agreement

101Warehousing Pty Ltd
(AG2016/4176)

101WAREHOUSING PTY LTD PLAYCORP WAREHOUSE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the 101Warehousing Pty Ltd Playcorp Warehouse & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the 101Warehousing Pty Ltd Playcorp Warehouse & National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 101 Warehousing Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 17 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, 101Warehousing Pty Ltd, sought approval of an enterprise agreement with Playcorp Warehouse & National Union of Workers. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The union and the employer argued that the agreement was fair and appropriate for the workforce, while no other party contested the application.

The court considered several key legal issues, including whether the agreement provided for fair and appropriate terms and conditions, whether it contained the required procedural fairness provisions, and if it met the disclosure requirements under the Act. Additionally, the court examined if the agreement was made in good faith and without coercion, and whether it complied with any relevant awards or agreements that were in force at the time of its making.

In its decision, the Fair Work Commission found that the agreement was fair and appropriate, as it provided for reasonable terms and conditions that were not worse off for the employees. The court was satisfied that the agreement included necessary procedural fairness provisions and that the required disclosures were made. The Commission concluded that the agreement was made in good faith and without coercion, and it complied with all relevant awards and agreements. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the 101Warehousing Pty Ltd Playcorp Warehouse & National Union of Workers Enterprise Agreement 2016, determining that it met all statutory requirements for approval.

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