Philip Leong Stores Pty Ltd

Case

[2023] FWCA 882

28 MARCH 2023


[2023] FWCA 882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Philip Leong Stores Pty Ltd

(AG2023/654)

MELBOURNE NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2022

Storage services

DEPUTY PRESIDENT MASSON

MELBOURNE, 28 MARCH 2023

Application for approval of the Melbourne National Distribution Centre Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Melbourne National Distribution Centre 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 Philip Leong Stores Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. I note that Clause 12.1(a) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The Shop, Distributive and Allied Employees Association 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 of the Act, will operate from 4 April 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

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