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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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Aus Holdco Pty Ltd, trading as BLA Distribution, applied for approval of the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2018. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to its coverage of employees and its compliance with minimum entitlements.

The legal issues before the Commission included whether the agreement covered all employees of Aus Holdco Pty Ltd, whether it provided for minimum entitlements as required by the Fair Work Act, and whether it complied with the procedural requirements for registration. The Commission had to determine if the agreement met the statutory criteria for approval, including that it did not allow for less favourable treatment of employees and provided for minimum terms and conditions of employment.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was consistent with the requirements of the Fair Work Act. The agreement was found to cover all relevant employees and provided for minimum entitlements. The Commission also determined that the agreement was not inconsistent with any relevant award or registered agreement and that it complied with the procedural requirements for registration. Based on these findings, the Commission approved the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2018.

The Fair Work Commission approved the Aus Holdco Pty Ltd-BLA Enterprise Agreement 2018, determining it met the statutory criteria for approval and did not allow for less favourable treatment of employees. The Commission found that the agreement provided for minimum terms and conditions of employment and complied with the procedural requirements for registration.

Aus Holdco Pty Ltd T/A BLA Distribution

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established