St Vincent De Paul Society (Nsw) T/A St Vincent De Paul Society Nsw

Case

[2022] FWCA 4028

17 NOVEMBER 2022


[2022] FWCA 4028

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 Society Nsw

(AG2022/4252)

ST VINCENT DE PAUL SOCIETY NSW RETAIL, DISTRIBUTION AND RECYCLING ENTERPRISE AGREEMENT 2022 

Miscellaneous

COMMISSIONER P RYAN

SYDNEY, 17 NOVEMBER 2022

Application for approval of the St Vincent de Paul Society NSW Retail, Distribution and Recycling Enterprise Agreement 2022

  1. St Vincent de Paul Society (NSW) (Employer) has made an application for approval of an enterprise agreement known as the St Vincent de Paul Society NSW Retail, Distribution and Recycling Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer 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.

Section 186, 187, 188 and 190

  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.

Section 183 Bargaining representatives

  1. The Australian Workers’ Union (AWU) and the Shop Distributive and Allied Employees Association (SDA), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

  1. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AWU and the SDA.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

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