Brave Logistics Pty Ltd T/A Brave Logistics

[2023] FWCA 2167

[2023] FWCA 2167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Brave Logistics Pty Ltd T/A Brave Logistics

(AG2023/2238)

BRAVE LOGISTICS DISTRIBUTION CENTRE EDINBURGH NORTH ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 13 JULY 2023

Application for approval of the Brave Logistics Distribution Centre Edinburgh North Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Brave Logistics Distribution Centre Edinburgh North Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brave Logistics Pty Ltd T/A Brave Logistics (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 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.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

1. 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.

1. The Shop, Distributive and Allied Employees Association (SDA) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 13 July 2023 and, in accordance with s 54, will operate from 20 July 2023. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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Annexure A