Warehouse Solutions Pty Ltd

[2013] FWCA 9578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Warehouse Solutions Pty Ltd
(AG2013/11643)

ALTONA REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Altona Regional Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Altona Regional Distribution Centre Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

Warehouse Solutions Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Altona Regional Distribution Centre Enterprise Agreement 2013. The applicant sought to have the agreement registered under the Fair Work Act 2009, which requires that certain conditions and standards of employment are met. The dispute centred on whether the agreement met the legal requirements for approval and registration.

The central legal issues for the Commission to determine were whether the agreement provided for a fair and reasonable level of remuneration and conditions, and whether the agreement was genuinely negotiated between the employer and the employees. Additionally, the Commission had to consider whether the agreement complied with the Fair Work Act's requirements for procedural fairness and good faith bargaining.

The Fair Work Commission found that the agreement was fair and reasonable, meeting all necessary statutory standards. The Commission considered the evidence of negotiation and the content of the agreement, including the provisions on wages, hours of work, and other employment conditions. It concluded that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The Commission also determined that the applicant had acted in good faith and had provided the necessary procedural fairness to the employees.

The Fair Work Commission approved the Altona Regional Distribution Centre Enterprise Agreement 2013 for registration under the Fair Work Act 2009. The agreement was registered, and the applicant was authorised to apply it to its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established