Likewize Australia Pty Ltd

[2022] FWCA 2260

[2022] FWCA 2260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Likewize Australia Pty Ltd

(AG2022/1807)

Likewize Australia Pty Ltd Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 7 JULY 2022

Application for approval of the Likewize Australia Pty Ltd Enterprise Agreement 2021.

1. Likewize Australia Pty Ltd (the Employer) has made an application for the approval of the Likewize Australia Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

   • Clause 6.1.6 – Personal Leave
   • Clause 6.3.4 – Compassionate Leave
   • Clause 6.4.2 – Public Holidays
   • Clause 6.6.2 – Parental Leave and Adoption Leave

1. Noting the NES precedence clause at 1.4.4 in the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE516575 PR743516>

Annexure A