Australian Bakels (Pty) Ltd T/A Bakels

[2023] FWCA 2841

[2023] FWCA 2841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Bakels (Pty) Ltd T/A Bakels

(AG2023/2930)

APPLICATION FOR APPROVAL OF THE AUSTRALIAN BAKELS (PTY) LTD AND AWU ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 5 SEPTEMBER 2023

Application for approval of the Australian Bakels (Pty) Ltd and AWU Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the AUSTRALIAN BAKELS (PTY) LTD AND AWU ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Bakels (Pty) Ltd T/A Bakels. The Agreement is a single enterprise agreement.

1. 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.

1. However, an assessment of the Agreement has identified that the Agreement is silent on two National Employment Standards (NES) entitlements.  In particular, NES entitlements relating to:

a)Parental leave; and

b)Unpaid emergency service leave (community service).

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters referred to above.

1. Noting the NES precedence clause (clause 1.1), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2023. The nominal expiry date of the Agreement is 22 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521383  PR765886>