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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warehouse Solutions Pty Ltd applied to the Fair Work Commission for approval of the Altona Regional Distribution Centre Enterprise Agreement 2019. The application was opposed by the Warehouse Workers Union. The dispute centred on whether the proposed enterprise agreement contained appropriate provisions for the classification and remuneration of employees, as well as other terms and conditions of employment. The Commission was required to determine if the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The Commission examined the provisions of the agreement, considering the need for a fair and equitable outcome for both the employer and the employees. The Commission noted that the proposed agreement included provisions for classification and remuneration that were consistent with industry standards and provided for appropriate levels of job security and protection for employees. The Commission also considered the views of the parties and the broader implications of the agreement for the industry. After careful consideration, the Commission concluded that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees.

Accordingly, the Commission approved the Altona Regional Distribution Centre Enterprise Agreement 2019. The agreement will now apply to the employees of Warehouse Solutions Pty Ltd covered by the agreement, providing them with the terms and conditions set out in the agreement. The Commission's decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement is fair and reasonable and meets the needs of all parties involved.

Warehouse Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established