Country Road Group Logistics

[2015] FWCA 964

[2015] FWCA 964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Country Road Group Logistics
(AG2015/1682)

COUNTRY ROAD GROUP LOGISTICS OMNI FULFILMENT CENTRE ENTERPRISE AGREEMENT 2015

Retail industry
COMMISSIONER ROE	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Country Road Group Logistics (the Applicant). The agreement is a greenfields agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 23 January 2015. On 5 February 2015 I received a signed undertaking in response to the queries from Oliver Kysela, Chief Financial Officer. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of s.172(2)(b) of the Act are met. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Shop, Distributive and Allied Employees Association are 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.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with the Shop, Distributive and Allied Employees Association and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2015. The nominal expiry date of the Agreement is 30 April 2018.

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