Kmart Australia Ltd

[2019] FWCA 7497

[2019] FWCA 7497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kmart Australia Ltd
(AG2019/3402)

KMART AUSTRALIA LTD LYTTON DISTRIBUTION CENTRES ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 30 OCTOBER 2019

Application for approval of the Kmart Australia Ltd Lytton Distribution Centres Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kmart Australia Ltd Lytton Distribution Centres 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 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.

[3] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 6 November 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

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