Country Road Group Logistics Pty Limited
[2022] FWCA 526
•16 FEBRUARY 2022
| [2022] FWCA 526 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Country Road Group Logistics Pty Limited
(AG2021/9350)
Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2021
| Storage services | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 16 FEBRUARY 2022 |
Application for approval of the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2021.
Application has been made for approval of a single enterprise agreement known as the Country Road Group Logistics Omni Fulfilment Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
After the application was filed, an amended signature page was filed with a request that the application be amended to include signatures of all bargaining representatives. I consider it appropriate in the circumstances to allow a correction or amendment to the application and do so pursuant to s.586(b), noting the Agreement when made did not include any signatures.[1]
Since the application was made, the Commission inquired about steps taken to meet the pre-approval requirements and the mandatory requirements in the Act. Further information was provided and was not opposed.
The Commission also raised concerns about whether the Agreement “passes the better off overall” test. Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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 Shop, Distributive and Allied Employees Association, and the United Workers’ Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement was approved on 16 February 2022 and, in accordance with s.54, will operate from 23 February 2022. The nominal expiry date of the Agreement is 30 April 2025.
DEPUTY PRESIDENT
Annexure A
[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.
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