HP Distribution Pty Ltd

Case

[2022] FWCA 1218

6 APRIL 2022


[2022] FWCA 1218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HP Distribution Pty Ltd

(AG2022/930)

BIG W Hoxton Park Distribution Centre Enterprise Agreement2022

Storage services

DEPUTY PRESIDENT BOYCE

SYDNEY, 6 APRIL 2022

Application for the approval of Big W Hoxton Park Distribution Centre Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement to be known as the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by HP Distribution Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

  1. The Shop, Distributive and Allied Employees Association (SDA), and United Workers’ Union (UWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2022. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE515616  PR740083>

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