Vic Commercial Pty Limited T/A Harvey Norman Vic/Tas Commercial Project Division

[2022] FWCA 1449

[2022] FWCA 1449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vic Commercial Pty Limited T/A Harvey Norman Vic/Tas Commercial Project Division

(AG2022/1174)

Vic Commercial Pty Limited (Warehouse Employees) Enterprise Agreement 2022

Storage Services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 APRIL 2022

Application for approval of the Vic Commercial Pty Limited (Warehouse Employees) Enterprise Agreement 2022.

1. Vic Commercial Pty Limited T/A Harvey Norman Vic/Tas Commercial Project Division (the Employer) has made an application for approval of an enterprise agreement known as the Vic Commercial Pty Limited (Warehouse Employees) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow an amendment to the proposed Agreement by filing an amended signature page that is complainant with Regulation 2.06A of the Fair Work Regulations 2009 (Cth).

1. I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

1. The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

1. On the basis of the material contained in the application, and the accompanying statutory declaration and the amended signature page, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

1. The      United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 29 April 2022 and, in accordance with s 54, will operate from 6 May 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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