Just Group Limited

[2019] FWCA 2989

[2019] FWCA 2989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Just Group Limited
(AG2019/365)

THE JUST GROUP DISTRIBUTION CENTRE AGREEMENT 2019

Retail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2019

Application for approval of The Just Group Distribution Centre Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Just Group Distribution Centre Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Just Group Limited. The Agreement is a single enterprise agreement.

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

[3] I note that Clause 31.2 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

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