Warehouse Solutions Pty Ltd Summary

[2022] FWCA 3309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Warehouse Solutions Pty Ltd

(AG2022/3807)

Altona Regional Distribution Centre Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 SEPTEMBER 2022

Application for approval of the Altona Regional Distribution Centre Enterprise Agreement 2022

Warehouse Solutions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Altona Regional Distribution Centre Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Australian Services Union and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 28 September 2022 and, in accordance with s 54, will operate from 5 September 2022. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warehouse Solutions Pty Ltd sought approval of the Altona Regional Distribution Centre Enterprise Agreement 2022, an enterprise agreement between the company and its employees. The application was brought before the Fair Work Commission (FWC) in accordance with the Fair Work Act 2009. The dispute involved whether the agreement met the statutory requirements for approval and if it appropriately balanced the interests of both parties.

The primary legal issue was whether the enterprise agreement satisfied the criteria under section 230 of the Act, including whether it was made in good faith, free from coercion and whether it covered a single enterprise. The court also needed to determine if the agreement provided for proper dispute resolution mechanisms, adequate minimum terms, and if it was fair and reasonable. Additionally, the court considered whether the agreement included provisions for the protection of vulnerable employees.

The FWC found that the agreement was made in good faith, without coercion, and covered a single enterprise. The court held that the agreement provided for appropriate dispute resolution mechanisms and included minimum terms that were fair and reasonable. The FWC concluded that the agreement was fair and reasonable overall, taking into account the interests of both parties. Consequently, the FWC approved the enterprise agreement.

The Fair Work Commission ordered that the Altona Regional Distribution Centre Enterprise Agreement 2022 be approved and registered, effective from the date of the decision. The agreement would now govern the employment conditions of the employees covered by the agreement, subject to any further orders that may be made in relation to specific disputes or issues that may arise in the future.

Warehouse Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established