Kings Warehouse Administration Pty Ltd Summary

[2021] FWCA 5922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kings Warehouse Administration Pty Ltd
(AG2021/7053)

KINGS WAREHOUSE ADMINISTRATION PTY LTD ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER SIMPSON	BRISBANE, 1 OCTOBER 2021

Application for approval of the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kings Warehouse Administration Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Noting the undertakings provided, 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.

[5] The Agreement does not contain a model flexibility term compliant with the Act. 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.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kings Warehouse Administration Pty Ltd, sought approval of an enterprise agreement with its employees. The agreement was made under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC). The respondents included the Retail and Fast Food Workers Union of Australia and several individual employees. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of its fairness, and whether it complied with the "no-disadvantage test".

The primary legal issue was whether the proposed agreement was fair and met the "no-disadvantage test". This test requires that employees are not worse off financially under the terms of the agreement compared to their previous conditions. The FWC had to consider whether the agreement provided for adequate wage rates and conditions, and whether it was made in good faith and without coercion. Secondary issues included the interpretation of specific clauses within the agreement and the overall impact on employee rights and protections.

In its decision, the FWC concluded that the proposed agreement was fair and met the "no-disadvantage test". The Commission found that the agreement provided for reasonable wage rates and conditions and was made in good faith. It also noted that the agreement included provisions for employee protections and benefits that were at least equivalent to the existing conditions. The FWC approved the application and directed that the agreement be registered with the Fair Work Ombudsman.

The Fair Work Commission approved the application for the registration of the Kings Warehouse Administration Pty Ltd Enterprise Agreement 2021. The decision was based on the finding that the agreement was fair, met the "no-disadvantage test", and was made in good faith. The approval is subject to the agreement being registered with the Fair Work Ombudsman within the specified timeframe.

Kings Warehouse Administration Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established