Pact Retail Accessories (Australia) Pty Ltd

[2024] FWCA 4438

[2024] FWCA 4438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pact Retail Accessories (Australia) Pty Ltd

(AG2024/4555)

PACT RETAIL ACCESSORIES (AUSTRALIA) ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 12 DECEMBER 2024

Application for approval of the Pact Retail Accessories (Australia) Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Pact Retail Accessories (Australia) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pact Retail Accessories (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 18.2.2, 32.8 and 36.5.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement and the undertakings referred to above, I am satisfied 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 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.

1. The Agreement is approved and in accordance with s.54, will operate from 1 January 2025. The nominal expiry date of the Agreement is 1 January 2028.

COMMISSIONER

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Annexure A