United Workers Union

[2019] FWCA 8117

[2019] FWCA 8117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers Union
(AG2019/4093)

H.A.G. IMPORT CORPN. (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the H.A.G. Import Corpn. (Australia) Pty Ltd Enterprise Agreement 2019. The application was made pursuant to s.185 of the Fair Work Act 2009 by the United Workers Union.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the agreement.

[3] With 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 11 April 2022.

COMMISSIONER

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Annexure A