Towerview Pty Ltd T/A Rolley Unit Trust

[2020] FWCA 4531

[2020] FWCA 4531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Towerview Pty Ltd T/A Rolley Unit Trust
(AG2020/2195)

ILUKA IGA AGREEMENT 2020

Retail industry
DEPUTY PRESIDENT LAKE	BRISBANE, 26 AUGUST 2020

Application for approval of the Iluka IGA Agreement 2020 - greenfields agreeement - approval.

[1] An application has been made for approval of an enterprise agreement known as the Iluka IGA Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Towerview Pty Ltd T/A Rolley Unit Trust (the Applicant). The Agreement is a single enterprise agreement.

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Shop, Distributive & Allied Employees’ Association (SDA) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[4] I note that the Agreement was made with the SDA and that a F21 was filed. Pursuant to s 53(2)(b) of the Act, the Agreement covers the SDA.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 26 August 2024.

DEPUTY PRESIDENT

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