Woolworths Ltd T/A Queensland Property Investments Pty Ltd

[2013] FWCA 10128

[2013] FWCA 10128

FAIR WORK COMMISSION

DECISION

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

Woolworths Ltd T/A Queensland Property Investments Pty Ltd
(AG2013/11990)

NATIONAL UNION OF WORKERS - QUEENSLAND PROPERTY INVESTMENTS PTY LTD MELBOURNE REGIONAL DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2013

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COMMISSIONER ROE	MELBOURNE, 20 DECEMBER 2013

Application for approval of the National Union of Workers - Queensland Property Investments Pty Ltd Melbourne Regional Distribution Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Union of Workers - Queensland Property Investments Pty Ltd Melbourne 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 Woolworths Ltd T/A Queensland Property Investments 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 has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

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