St Vincent de Paul Society (NSW) T/A St Vincent de Paul Kingswood
[2025] FWCA 201
•20 JANUARY 2025
| [2025] FWCA 201 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
St Vincent de Paul Society (NSW) T/A St Vincent de Paul Kingswood
(AG2024/4321)
ST VINCENT DE PAUL SOCIETY (NSW) RETAIL, DISTRIBUTION AND RECYCLING ENTERPRISE AGREEMENT 2024
| Retail and recycling industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 20 JANUARY 2025 |
Application for approval of the St Vincent de Paul Society (NSW) Retail, Distribution and Recycling Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the St Vincent de Paul Society (NSW) Retail, Distribution and Recycling Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by St Vincent de Paul Society (NSW) (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 17 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the General Retail Industry Award 2020, Waste Management Award 2020, and Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Shop, Distributive and Allied Employees Association (SDA), and Australian Workers' Union (AWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Model clause
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 30 September 2028.
DEPUTY PRESIDENT
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Annexure A
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