Gordon and Gotch Australia Pty Limited

[2019] FWCA 1497

[2019] FWCA 1497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gordon and Gotch Australia Pty Limited
(AG2018/6797)

GORDON AND GOTCH WAREHOUSING AND DISTRIBUTION LAVERTON ENTERPRISE AGREEMENT -2018-2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MARCH 2019

Application for approval of the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement -2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Gordon and Gotch Warehousing and Distribution Laverton Enterprise Agreement -2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon and Gotch Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) provided to employees was not a compliant NERR pursuant to Schedule 2.1 of the Fair Work Regulations 2009. I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this agreement are not likely to be disadvantaged as a result of the error. I am satisfied that the Agreement has been genuinely agreed to within the meaning of s. 188(2), as the Agreement would have been genuinely agreed to, but for the minor procedural errors made in relation to the requirements in ss. 173 and 174 of the Act.

[3] 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.

[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] I note that Clauses 19.5, 20.1(e), 40.4 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 9 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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Annexure A