B.H.T Bundy Pty Ltd

[2020] FWCA 5119

[2020] FWCA 5119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B.H.T Bundy Pty Ltd
(AG2020/2281)

B.H.T. BUNDY PTY LTD ENTERPRISE AGREEMENT 2020

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the B.H.T. Bundy Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the B.H.T. Bundy Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B.H.T Bundy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 13.2(a) and 15.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2020. The nominal expiry date of the Agreement is 22 September 2024.

DEPUTY PRESIDENT

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Annexure A