Sealanes (1985) Pty Ltd T/A Sealanes

[2023] FWCA 100

[2023] FWCA 100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sealanes (1985) Pty Ltd T/A Sealanes

(AG2022/5349)

SEALANES (1985) PTY LTD WAREHOUSING ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 12 JANUARY 2023

Application for approval of the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2021

1. Sealanes (1985) Pty Ltd has applied for approval of an enterprise agreement known as the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees contained the previous agreement title instead of the proposed Agreement title. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

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 as are relevant to this application for approval have been met.

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. I observe that clause 10.6 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings given by the Employer, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 18 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518851  PR749569>

Annexure A