Warehouse Solutions Pty Ltd

[2019] FWCA 5923

[2019] FWCA 5923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warehouse Solutions Pty Ltd
(AG2019/2913)

ALTONA REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 AUGUST 2019

Application for approval of the Altona Regional Distribution Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Altona Regional Distribution Centre Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warehouse Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 26 August 2019 and, in accordance with s.54, will operate from 2 September 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

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Annexure A