FHL Distribution Centre Pty Ltd

[2022] FWCA 3719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FHL Distribution Centre Pty Ltd

(AG2022/4295)

FHL Distribution Centre Enterprise Agreement 2022

Storage services
COMMISSIONER MCKINNON	SYDNEY, 25 OCTOBER 2022

Application for approval of the FHL Distribution Centre Enterprise Agreement 2022

FHL Distribution Centre Pty Ltd has applied for approval of a single enterprise agreement known as the FHL Distribution Centre Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from the later of 1 November 2022 or the start of the first full pay period after that date. The nominal expiry date of the Agreement is 25 October 2026.

The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the FHL Distribution Centre Enterprise Agreement 2022. The applicant, FHL Distribution Centre Pty Ltd, sought the Commission's approval of the agreement between the company and the Retail and Fast Food Workers Union. The dispute centred on whether the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009, including its alignment with the statutory minimum entitlements and the process through which it was negotiated and agreed upon.

The central legal issues the Commission addressed were whether the agreement satisfied the procedural requirements for negotiation and agreement, and whether it contained all the terms mandated by the Act. This included verifying if the agreement appropriately referenced the statutory minimum entitlements and if it had been genuinely negotiated between the parties. Additionally, the Commission had to consider if the agreement provided for a proper dispute resolution process and if it was consistent with the national system of industrial relations.

In its decision, the Commission found that the FHL Distribution Centre Enterprise Agreement 2022 complied with the statutory requirements of the Fair Work Act 2009. The Commission determined that the agreement was the product of genuine negotiations between the parties, met the mandated minimum entitlements, and contained all necessary terms. Furthermore, the Commission was satisfied with the agreement's dispute resolution provisions and its consistency with the national system of industrial relations. Consequently, the Commission approved the agreement, confirming its compliance with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established