Are Direct Pty Limited

Case

[2024] FWCA 4390

10 DECEMBER 2024


[2024] FWCA 4390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Are Direct Pty Limited

(AG2024/4651)

ARE DIRECT MOOREBANK ENTERPRISE AGREEMENT –2024-2026

Storage services

COMMISSIONER CRAWFORD

SYDNEY, 10 DECEMBER 2024

Application for approval of the Are Direct Moorebank Enterprise Agreement 2024-2026

  1. An application has been made for approval of an enterprise agreement known as the Are Direct Moorebank Enterprise Agreement – 2024 - 2026 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Are Direct Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

  1. Noting clause 9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

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