Woolstar Pty Ltd T/A Sydney National Distribution Centre
[2018] FWCA 6894
•9 NOVEMBER 2018
| [2018] FWCA 6894 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Woolstar Pty Ltd T/A Sydney National Distribution Centre
(AG2018/3504)
Sydney National Distribution Centre Enterprise Agreement 2018
| Storage services | |
| Commissioner Harper-Greenwell | MELBOURNE, 9 NOVEMBER 2018 |
Application for approval of the Sydney National Distribution Centre Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Sydney National Distribution Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woolstar Pty Ltd T/A Sydney National Distribution Centre. The Agreement is a single enterprise agreement.
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.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 17 July 2021.
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Annexure A
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