Stolthaven Coode Island Pty Ltd

[2023] FWCA 3136

[2023] FWCA 3136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stolthaven Coode Island Pty Ltd

(AG2023/3252)

STOLTHAVEN COODE ISLAND PTY LTD AND UNITED WORKERS UNION COLLECTIVE AGREEMENT 2023-2025

Storage services
DEPUTY PRESIDENT BELL	MELBOURNE, 27 SEPTEMBER 2023

Application for approval of the Stolthaven Coode Island Pty Ltd & United Workers Union Collective Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Stolthaven Coode Island Pty Ltd & United Workers Union Collective Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Stolthaven Coode Island Pty Ltd. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 13 June 2023 and the Agreement was made on 1 September 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. As the copy of the enterprise agreement submitted to the Fair Work Commission for approval appeared to be a draft, I inquired through chambers whether the copy of the Agreement provided at lodgement containing tracked changes was the final copy and the copy provided to the employees. Neither the employer nor anyone else indicated that a different copy was provided to employees to vote upon and therefore I approve for publication the Agreement in the form submitted for approval.

1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 188, 193 and 193A 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The United Workers Union 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. The Agreement was approved on 27 September 2023 and, in accordance with s.54, will operate from 4 October 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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