Application for approval of the Kmart Lytton Distribution Centre Agreement 2025

[1] Kmart Australia Limited (the Employer) has applied for approval of an enterprise agreement known as the Kmart Lytton Distribution Centre Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Shop, Distributive and Allied Employees Association (SDA) and the United Workers' Union (UWU), each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the SDA and the UWU.

[4] For the purpose of s.201(5) of the Act, I note that the Agreement will be the host employment instrument covered by the Kmart Australia Limited Regulated Labour Hire Arrangement Order No 1 [LH200012].

[5] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.1.2 of the Agreement, will operate from 8 December 2025. The nominal expiry date of the

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