Baker Group T/A Bakers Landscape Supplies Pty Ltd

[2020] FWCA 2976

[2020] FWCA 2976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baker Group T/A Bakers Landscape Supplies Pty Ltd
(AG2020/1295)

BAKER GROUP TRADING AS BAKERS LANDSCAPE SUPPLIES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 JUNE 2020

Application for approval of the Baker Group trading as Bakers Landscape Supplies Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Baker Group Trading As Bakers Landscape Supplies Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Baker Group t/a Bakers Landscape Supplies Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 4 June 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2010, Road Transport and Distribution Award 2010, and Manufacturing and Associated Industries and Occupations Award 2010 respectively), and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2020. The nominal expiry date of the Agreement is 5 June 2024.

DEPUTY PRESIDENT

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Annexure A