Kmart Australia Limited

[2019] FWCA 5170

[2019] FWCA 5170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kmart Australia Limited
(AG2019/2239)

KMART EASTERN CREEK (NUW) DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 24 JULY 2019

Application for approval of the Kmart Eastern Creek (NUW) Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Eastern Creek (NUW) Distribution Centre Enterprise 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 Kmart Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 July 2019 and, in accordance with s.54, will operate from 31 July 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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