Mcphee Distribution Services Pty Ltd
[2022] FWCA 3019
•1 SEPTEMBER 2022
| [2022] FWCA 3019 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mcphee Distribution Services Pty Ltd
(AG2022/3467)
McPhee Distribution Services Pty Ltd Enterprise Agreement 2022
| Storage services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 1 SEPTEMBER 2022 |
Application for approval of the McPhee Distribution Services Pty Ltd Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the McPhee Distribution Services Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mcphee Distribution Services Pty Ltd. The Agreement is a single enterprise agreement.
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.
I note that clause 41(6) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6(1) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The United Workers’ Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 1 January 2025.
DEPUTY PRESIDENT
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