Spotlight Pty Ltd

[2020] FWCA 765

[2020] FWCA 765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotlight Pty Ltd
(AG2020/218)

SPOTLIGHT DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Spotlight Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Spotlight Distribution Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spotlight Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 3.9.3, 3.9.5 and 6.1.1(f) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.10 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Shop, Distributive and Allied Employees Association (SDAEA) 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.

[5] The Agreement was approved on 12 February 2020 and, in accordance with s.54, will operate from the first full pay period after 19 February 2020. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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