Sutton Tools Pty Ltd

[2024] FWCA 3035

[2024] FWCA 3035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sutton Tools Pty Ltd

(AG2024/2753)

SUTTON TOOLS PTY LTD AND UNITED WORKERS UNION (WAREHOUSE) AGREEMENT 2024

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 19 AUGUST 2024

Application for approval of the Sutton Tools Pty Ltd and United Workers Union (Warehouse) Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Sutton Tools Pty Ltd and United Workers Union (Warehouse) Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sutton Tools Pty Ltd. The Agreement is a single enterprise agreement.

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, 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 15.2, 18.1, 39.8.2, 39.11.5, 39.12, 43.1, 45.1, 45.3.6 and 48.1.4(a) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 of the Agreement and the undertaking referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020[1] is taken to be a term of the Agreement.

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 is approved and in accordance with s.54, will operate from 26 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] MA000084.

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