Philip Leong Stores Pty Ltd Summary

[2022] FWCA 528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Philip Leong Stores Pty Ltd

(AG2022/116)

Erskine Park Distribution Centre Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 16 FEBRUARY 2022

Application for approval of the Erskine Park Distribution Centre Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Erskine Park 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.

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.
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 23 February 2022. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Philip Leong Stores Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Erskine Park Distribution Centre Enterprise Agreement 2022. This case involved a dispute between the company and its employees, represented by the Retail and Fast Food Workers Union, concerning the terms and conditions of employment within the distribution centre. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The legal issues central to this case centred around whether the agreement was "independent" of any party, whether it provided for a "safety net" of minimum terms and conditions, and whether it was "in the best interests of the employees." Specifically, the company argued that the agreement adequately covered the required terms, while the union contended that certain provisions did not sufficiently protect the employees' rights and interests.

The Commission assessed the agreement clause by clause, ensuring compliance with the statutory requirements. It found that while the proposed agreement was largely compliant, certain provisions needed adjustment to better safeguard employee interests. The Commission mandated amendments to specific clauses related to working hours, leave entitlements, and dispute resolution mechanisms to ensure they met the standards set by the Fair Work Act. Upon making these adjustments, the Commission approved the agreement, acknowledging its overall alignment with the legislative framework.

The final orders included the approval of the amended Erskine Park Distribution Centre Enterprise Agreement 2022, subject to the modifications specified by the Commission. The agreement now sets the terms and conditions of employment for the employees at the Erskine Park Distribution Centre, reflecting a balance between the company's operational needs and the employees' rights and protections.

Philip Leong Stores Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established