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austlii:cth/FWCA/2025/3292
General information, not legal advice.
FWCA
2025-09-30
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
COMMANDO STORAGE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2025
Application for approval of the Commando Storage Systems Pty Ltd Enterprise Agreement 2025
[1] An application has been made for the approval of an enterprise agreement known as the Commando Storage Systems Pty Ltd Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Commando Storage Systems Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
[2] The Agreement does not contain a delegates' rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates' rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates' rights term can be found in Annexure 2 of the Agreement.
[3] Correspondence was sent to the parties from my Chambers seeking clarification as to whether Apprentices may not be better off overall. The Employer responded advising that it has not recruited an Apprentice and that there is no intention for the employer to do so. I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that an Apprentice is not a type of employment that is reasonably foreseeable as that is relevant for the better off overall test.
[4] The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Schedule I of the Agreement. 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. The undertakings are taken to be a term of the Agreement.
[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2025. The nominal expiry date of the Agreement is 30 September 2029.
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