Pact Retail Accessories (Australia) Pty Ltd

[2022] FWCA 491

[2022] FWCA 491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pact Retail Accessories (Australia) Pty Ltd

(AG2021/9215)

Pact Retail Accessories (Australia) Pty Ltd – Enterprise Agreement 2022

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Pact Retail Accessories (Australia) Pty Ltd Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Pact Retail Accessories (Australia) 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 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 and 190 are relevant to this application for approval and 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. An apparent cross-referencing error at clause 28.1.1 of the Agreement was brought to the Applicant’s attention and on 7 February 2022 the Applicant sent a corrected page to the Commission and the bargaining representative. The bargaining representative was given three days to raise any objections or concerns regarding the correction. I note that the bargaining representative did not raise any objections to the correction and I am satisfied that the correction is to an obvious error. Given that the power for correction within s.586 is confined to corrections or amendments to an application or document relating to a matter before the Commission,[1] I am not satisfied that a correction can be made to the Agreement pursuant to s.586 of the Act. For the purposes of the parties’ reference, the amended page is attached in Annexure B.

1. I observe that clause 36.5.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, 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 3 March 2022. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Annexure A

Annexure B

[1] Advantaged Care Pty Ltd v Health Services Union [2021] FWCFB 453 at [41].

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