Aus Holdco Pty Ltd T/A BLA Distribution

[2019] FWCA 553

[2019] FWCA 553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Holdco Pty Ltd T/A BLA Distribution
(AG2018/7035)

AUS HOLDCO PTY LTD-BLA ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2019

Application for approval of the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aus Holdco Pty Ltd-BLA 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 Aus Holdco Pty Ltd T/A BLA Distribution. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 2.6 - Abandonment of Employment.

However, noting clause 1.4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 6 February 2022.

COMMISSIONER

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