austlii:cth/FWCA/2026/413
General information, not legal advice.
FWCA
2026-02-17
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Premier Retail Services Pty Ltd Trading AS Premier Retail
PREMIER RETAIL DISTRIBUTION CENTRE AGREEMENT 2025
Application for approval of the Premier Retail Distribution Centre Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Premier Retail Distribution Centre Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] I note that the following provisions are likely to be inconsistent with the National Employment Standards:
Clause 32 - Compassionate Leave
Clauses 8.2(a), 15.1(e) and 15.2(b) - Termination
Clause 4 of Appendix 2 - Redundancy
[3] However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.
[4] I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
[5] The United Workers Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
[6] The Agreement is approved today 17 February 2026. It will operate from 24 February 2026 as required by section 54 of the Act. The nominal expiry date is 1 August 2027.
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