CNSCE Pty Ltd
[2022] FWCA 3363
•29 SEPTEMBER 2022
| [2022] FWCA 3363 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CNSCE Pty Ltd
(AG2022/3810)
CNSCE ENTERPRISE AGREEMENT 2022
| Storage services | |
| COMMISSIONER P RYAN | SYDNEY, 29 SEPTEMBER 2022 |
Application for approval of the CNSCE Enterprise Agreement 2022
An application has been made for approval of a greenfields agreement known as the CNSCE Enterprise Agreement 2022 (Agreement). The application was made by CNSCE Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).
On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act.
The Applicant 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 of the FW Act as are relevant to this application for approval have been met.
In accordance with s.187(5)(a) of the FW Act, I am satisfied that the Shop Distributive and Allied Employees Association (SDA) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the SDA and that the Agreement covers the SDA.
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 29 September 2026.
COMMISSIONER
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