BAM Wine Logistics Pty Ltd

[2022] FWCA 3031

[2022] FWCA 3031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BAM Wine Logistics Pty Ltd

(AG2022/3459)

BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2022

1. BAM Wine Logistics Pty Ltd has made an application for approval of the BAM Wine Logistics Pty Ltd, United Workers Union Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The United Workers Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

1. The Agreement was approved on 1 September 2022 and, in accordance with s 54, will operate from 8 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE517271  PR745397>

Annexure A