HP Distribution Pty Ltd

[2019] FWCA 2199

[2019] FWCA 2199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HP Distribution Pty Ltd
(AG2018/7367)

BIG W HOXTON PARK DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER JOHNS	SYDNEY, 2 APRIL 2019

Application for approval of the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BIG W Hoxton Park Distribution Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by HP Distribution Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers (NUW) and The Shop, Distributive and Allied Employees Association (SDA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

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Annexure A