Coles Group Supply Chain Pty Ltd

[2022] FWCA 3463

[2022] FWCA 3463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coles Group Supply Chain Pty Ltd

(AG2022/4011)

COLES EASTERN CREEK (UWU) NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2022

Storage services
COMMISSIONER P RYAN	SYDNEY, 6 OCTOBER 2022

Application for approval of the Coles Eastern Creek (UWU) National Distribution Centre Enterprise Agreement 2022

1. Coles Group Supply Chain Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Coles Eastern Creek (UWU) National Distribution Centre Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 186, 187 and 188

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

National Employment Standards

1. I observe that clause 22.3 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Model Consultation Term

1. The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

1. The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

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