Commando Storage Systems Pty Ltd

[2025] FWCA 3292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commando Storage Systems Pty Ltd

(AG2025/713)

COMMANDO STORAGE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 30 SEPTEMBER 2025

Application for approval of the Commando Storage Systems Pty Ltd Enterprise Agreement 2025

An application has been made for the approval of an enterprise agreement known as the Commando Storage Systems Pty Ltd Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Commando Storage Systems Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in Annexure 2 of the Agreement.

Correspondence was sent to the parties from my Chambers seeking clarification as to whether Apprentices may not be better off overall. The Employer responded advising that it has not recruited an Apprentice and that there is no intention for the employer to do so. I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that an Apprentice is not a type of employment that is reasonably foreseeable as that is relevant for the better off overall test.

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Schedule I of the Agreement. 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, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2025. The nominal expiry date of the Agreement is 30 September 2029.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Enterprise Agreement between Commando Storage Systems Pty Ltd and its employees, as represented by the Transport Workers Union of Australia. The Fair Work Commission was the court tasked with assessing the application and deciding whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the procedural and substantive requirements of the Act.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated between the employer and the employees, and whether it contained the minimum terms and conditions mandated by the Act. The Commission needed to determine if the agreement had been made in good faith and if it contained the minimum terms and conditions, such as minimum wages, penalties for contraventions, and dispute resolution procedures. Additionally, the Commission considered whether the agreement complied with the public interest test.

The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. It was satisfied that the agreement was made in good faith and that the parties had engaged in meaningful bargaining. The Commission also concluded that the agreement met the public interest test as it did not adversely affect the broader community or the economy. Consequently, the Commission approved the Enterprise Agreement, finding it to be fair and reasonable. The application for approval was thus granted, and the agreement was registered on the Register of Approved Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established