DECISION

Fair Work Act 2009
s.185—Enterprise agreement

101Warehousing Pty Ltd
(AG2019/4705)

101WAREHOUSING PTY LTD PLAYCORP WAREHOUSE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019-2023

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JANUARY 2020

Application for approval of the 101Warehousing Pty Ltd Playcorp Warehouse & National Union of Workers Enterprise Agreement 2019-2023.

[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 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 101Warehousing 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. The undertakings are taken to be a term of 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] I note that Clause 6.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The United Workers Union 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 20 January 2020. The nominal expiry date of the Agreement is 17 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves 101Warehousing Pty Ltd and the National Union of Workers, with the Fair Work Commission being the court. The dispute concerns the application for the approval of the 101Warehousing Pty Ltd Playcorp Warehouse & National Union of Workers Enterprise Agreement 2019-2023. The applicant, 101Warehousing, sought the approval of this enterprise agreement, which outlines the terms and conditions of employment for the warehouse workers represented by the union.

The primary legal issue the court had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for fair and efficient bargaining, covered the appropriate bargaining unit, and was made in good faith. Additionally, the court needed to determine if the agreement provided for appropriate mechanisms for resolving workplace disputes and if it met the "better off overall test" to ensure that the workers would be no worse off financially under the new agreement.

The Fair Work Commission examined the proposed agreement in detail, considering the evidence and submissions from both parties. The court found that the agreement provided for fair and efficient bargaining and covered the appropriate bargaining unit. It also found that the agreement was made in good faith and included appropriate mechanisms for resolving workplace disputes. The commission further determined that the agreement met the "better off overall test," as the employees would receive several benefits, including increased wages and improved leave entitlements.

As a result, the Fair Work Commission approved the 101Warehousing Pty Ltd Playcorp Warehouse & National Union of Workers Enterprise Agreement 2019-2023. This decision confirms the agreement as a binding and legally enforceable document for the specified period.

101WAREHOUSING PTY LTD PLAYCORP WAREHOUSE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019-2023

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established