Martin Brower Australia Pty Ltd

[2015] FWCA 8528

[2015] FWCA 8528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2015/6792)

MARTIN BROWER AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS – SYDNEY WAREHOUSE ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2015

Application for approval of the Martin Brower Australia Pty Ltd and National Union of Workers - Sydney Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and National Union of Workers - Sydney Warehouse 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 Martin Brower Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 December 2015 and, in accordance with s.54, will operate from 16 December 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

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Annexure A