Kincrome Australia Pty Ltd

Case •

[2024] FWCA 2859

•

2 AUGUST 2024
[2024] FWCA 2859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kincrome Australia Pty Ltd

(AG2024/2702)

THE KINCROME AUSTRALIA DISTRIBUTION CENTRE AGREEMENT 2024

Storage services

COMMISSIONER DURHAM

BRISBANE, 2 AUGUST 2024

Application for approval of The Kincrome Australia Distribution Centre Agreement, 2024

  1. An application has been made for approval of an enterprise agreement known as The Kincrome Australia Distribution Centre Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kincrome Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. I note the undertakings were provided in relation to the following:

  • Clause 5 and 18.1 – span of hours.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

·   Clause 9.6.2 – redundancy pay.

·   Clause 23.1 – annual leave.

·   Clause 29.1 – public holidays.

However, noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2027.




COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525679  PR777851>

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0