Penguin Random House Pty Ltd T/A United Book Distributors

[2023] FWCA 1532

[2023] FWCA 1532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Penguin Random House Pty Ltd T/A United Book Distributors

(AG2023/1360)

UNITED BOOK DISTRIBUTORS ENTERPRISE AGREEMENT 2023

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COMMISSIONER YILMAZ	MELBOURNE, 29 MAY 2023

Application for approval of the United Book Distributors Enterprise Agreement2023

1. An application has been made for approval of an enterprise agreement known as the United Book Distributors Enterprise Agreement2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penguin Random House Pty Ltd T/A United Book Distributors. 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. I observe that Clause 36.4.1 of the Agreement concerning public holiday substitution is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement and the undertaking below, 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 5 July 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

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Annexure A