Warehouse Solution Pty Ltd

[2023] FWCA 1232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Warehouse Solution Pty Ltd

(AG2023/1093)

WAREHOUSE SOLUTIONS AND UNITED WORKERS UNION NATIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 1 MAY 2023

Application for approval of the Warehouse Solutions and United Workers Union National Distribution Centre Enterprise Agreement 2023.

An application has been made for approval of a greenfields agreement known as the Warehouse Solutions and United Workers Union National Distribution Centre Enterprise Agreement 2023 (Agreement). The application was made by Warehouse Solution Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union (UWU) are 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the UWU and that the Agreement covers the organisation.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 1 May 2023 and, in accordance with s.54 of the Act, will operate from 8 May 2023. The nominal expiry date of the Agreement is 1 May 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Warehouse Solutions Pty Ltd, the Full Bench of the Fair Work Commission considered an application for the approval of the Warehouse Solutions and United Workers Union National Distribution Centre Enterprise Agreement 2023. The applicant, Warehouse Solutions Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The United Workers Union opposed the application, contending that the agreement did not meet the requirements of the Act. The dispute centred on several aspects of the agreement, including the provisions related to employee entitlements, classification, and procedural fairness.

The key legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically sections 220 and 234, and whether it met the requirements of the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement was made fairly and in good faith, whether it contained the necessary minimum terms and conditions, and if it adhered to the procedural requirements set forth in the Act. Additionally, the Commission considered whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring procedural fairness.

The Full Bench of the Commission carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission found that while the agreement contained many appropriate terms and conditions, there were deficiencies in certain areas. Specifically, the Commission identified issues with the procedural fairness provisions, which did not adequately protect employees. After considering the submissions and evidence, the Commission determined that the agreement did not meet the requirements of the Act. Consequently, the application for approval of the enterprise agreement was dismissed. The Commission ordered that the agreement be returned to the parties for amendment and resubmission, should they wish to pursue further approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established