Schenker Australia Pty Ltd
[2024] FWCA 2631
•16 JULY 2024
| [2024] FWCA 2631 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Schenker Australia Pty Ltd
(AG2024/2404)
SCHENKER AUSTRALIA PTY LTD NEW SOUTH WALES AND VICTORIAN LOGISTICS DISTRIBUTION CENTRES ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 16 JULY 2024 |
Application for approval of the Schenker Australia Pty Ltd New South Wales and Victoria Logistics Distribution Centres Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Schenker Australia Pty Ltd New South Wales and Victorian Logistics Distribution Centres Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Schenker Australia Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Noting clause 5.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause is likely to have work to do in relation to the abandonment of employment provisions in clause 28.3 of the Agreement which appear inferior to the NES notice of termination entitlements.
The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 28 February 2027.
COMMISSIONER
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