Costa Logistics Pty Ltd

[2021] FWCA 3971

[2021] FWCA 3971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa Logistics Pty Ltd
(AG2021/5668)

COSTA LOGISTICS JANDAKOT DISTRIBUTION CENTRE, ENTERPRISE AGREEMENT 2020 – 2023

Storage services
COMMISSIONER WILSON	MELBOURNE, 8 JULY 2021

Application for approval of the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Costa Logistics Jandakot Distribution Centre, Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costa Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] The Notice of Employee Representational Rights contained extra content and was not in the prescribed form. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Shop, Distributive and Allied Employees Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 1 November 2023.

COMMISSIONER

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Annexure A