Warehouse Solution Pty Ltd

[2023] FWCA 1232

[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.

1. 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).

1. 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.

1. 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.

1. 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.

1. 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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