Kmart Australia Limited T/A Kmart

Case

[2022] FWCA 356

7 FEBRUARY 2022


[2022] FWCA 356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kmart Australia Limited T/A Kmart

(AG2021/9302)

Kmart Australia Ltd Western Australia Distribution Centre Enterprise Agreement 2021

Retail industry

COMMISSIONER WILLIAMS

PERTH, 7 FEBRUARY 2022

Application for approval of the Kmart Australia Ltd Western Australia Distribution Centre Enterprise Agreement 2021.

  1. An application has been made for approval of an enterprise agreement known as the Kmart Australia Ltd Western Australia Distribution Centre 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 Kmart Australia Limited T/A Kmart. The Agreement is a single-enterprise agreement.

  1. 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.

  1. The Shop, Distributive and Allied Employees’ Association 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2022. The nominal expiry date of the Agreement is 31 March 2023.


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