Amart Furniture Pty Ltd T/A Amart Furniture

[2021] FWCA 557

[2021] FWCA 557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amart Furniture Pty Ltd T/A Amart Furniture
(AG2021/63)

AMART & UNITED WORKERS SYDNEY DC ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 FEBRUARY 2021

Application for approval of the Amart & United Workers Sydney DC Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Amart & United Workers Sydney DC Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Amart Furniture Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 3 February 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Based upon submissions provided to the Fair Work Commission by the Applicant, I granted leave for a correction to sub-cl.64(ii) of the Agreement. That correction concerned an obvious typographical omission.

[6] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2021. The nominal expiry date of the Agreement is 11 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A