Unitrans Asia Pacific Pty Ltd

[2024] FWCA 720

[2024] FWCA 720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unitrans Asia Pacific Pty Ltd

(AG2024/91)

FREEDOM DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER TRAN	MELBOURNE, 23 FEBRUARY 2024

Application for approval of the Freedom Distribution Centre Enterprise Agreement 2023

1. Unitrans Asia Pacific Pty Ltd has applied for approval of an enterprise agreement known as the Freedom Distribution Centre Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. 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. I note that the following clauses may be inconsistent with the National Employment Standards:

-     Clause 9.3(e)(i) – Casual Conversion is less beneficial than s 66B of the Act; and

-     Clause 27.4 – Public Holiday (substitution) is not consistent with s 115(3) of the Act.

1. As the Agreement contains a National Employment Standards precedence clause at Clause 5.2, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. Subject to the undertakings and other matters 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.

1. The Shop, Distributive and Allied Employees’ Association and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 March 2024 despite Clause 6.1.

1. In accordance with Clause 6.1, the nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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Annexure A