Harbour Guidance Pty Ltd Trading AS Jeanswest

[2025] FWCA 891

[2025] FWCA 891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harbour Guidance Pty Ltd Trading AS Jeanswest

(AG2025/344)

HARBOUR GUIDANCE DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER ALLISON	MELBOURNE, 13 MARCH 2025

Application for approval of the Harbour Guidance Distribution Centre Enterprise Agreement 2025

1. Harbour Guidance Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Harbour Guidance Distribution Centre Enterprise Agreement 2025 (the Agreement).

1. The Construction, Forestry and Maritime Employees Union, 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.

1. The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Harbour Guidance Distribution Centre Enterprise Agreement 2024” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. Clause 14.2 of the Agreement, relating to minimum rates of pay, did not include the minimum rates of pay for employees at the time the Agreement was approved. The Employer provided an undertaking specifying the pay rates on approval, to address this issue.

1. Clause 20.2(a) of the Agreement may have allowed certain situations for certain employees to not receive overtime under the Agreement, where they would have received overtime under the Award. The Employer provided a further undertaking to resolve this issue.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2025. The nominal expiry date of the Agreement is 20 March 2028.

COMMISSIONER

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Annexure A