Kmart Australia Limited T/A Kmart

[2016] FWCA 396

[2016] FWCA 396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kmart Australia Limited T/A Kmart
(AG2015/7738)

KMART AUSTRALIA LTD WA DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2016

Application for approval of the Kmart Australia Ltd WA Distribution Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Australia Ltd WA Distribution Centre Enterprise Agreement 2015 (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 Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 20 January 2016 and, in accordance with s.54, will operate from 27 January 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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