The Décor Corporation Pty Ltd

[2013] FWCA 2096

[2013] FWCA 2096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Décor Corporation Pty Ltd
(AG2013/5316)

THE DÉCOR CORPORATION PTY LTD AND NATIONAL UNION OF WORKERS COMPREHENSIVE ENTERPRISE AGREEMENT 2012

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 8 APRIL 2013

Application for approval of The Décor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012-2015.

[1] An application has been made for the approval of an enterprise agreement known as The Décor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] It is noted that clause 7.2 of the Agreement provides that the Agreement is to be read and interpreted in conjunction with the National Employment Standards and that where there is any inconsistency between the two, the provision more beneficial to employees prevails. It would seem that this will ensure that shiftworkers will receive the benefit of 5 weeks of annual leave (see s.87 of the Act), that the payment of annual leave upon termination of employment will include annual leave loading (see s.90(2)), and that payment in respect of public holidays will be in accordance with the Act (see ss.114-116).

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[4] The National Union of Workers, 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) of the Act, I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2013. The nominal expiry date of the Agreement is 31 October 2015.

SENIOR DEPUTY PRESIDENT

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