Barbeques Galore Pty Limited

[2023] FWCA 2279

[2023] FWCA 2279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barbeques Galore Pty Limited

(AG2023/1953)

BARBEQUES GALORE ENTERPRISE AGREEMENT 2023

Retail industry
COMMISSIONER MCKINNON	SYDNEY, 31 JULY 2023

Application for approval of the Barbeques Galore Enterprise Agreement 2023

1. Barbeques Galore Pty Limited has applied to vary clause 8.2 of the Barbeques Galore Enterprise Agreement 2023[1] (the Agreement) to correct an obvious error in relation to the explanation of wage increases over the life of the Agreement. The proposed variation will ensure that the explanation is consistent with the rates of pay specified in clause 8.1 of the Agreement. The Shop, Distributive and Allied Employees Association is covered by the Agreement and supports the variation application. The proposed variation is attached at Annexure A.

1. I am satisfied that clause 8.2 of the Agreement is affected by an obvious error. The error is found in the stated percentages by which Agreement rates of pay will increase. The stated percentages are inconsistent with the agreed rates of pay in clause 8.1 of the Agreement. The proposed variation will correct this obvious error by ensuring that clauses 8.1 and 8.2 are numerically consistent.

1. On an independent analysis of the Agreement’s rates of pay and the views expressed by the Applicant and relevant union, I am satisfied that the proposed variation reflects the agreement reached between the employer and employees. The variation is necessary to provide certainty to the parties and other interested stakeholders about the applicable minimum rates of pay in the Agreement. In the circumstances, it is appropriate to vary the Agreement to correct the errors under section 218A of the Fair Work Act 2009.

1. The variation is approved. A consolidated version of the Agreement as varied is attached to this decision.

1. The variation operates from 27 July 2023.

COMMISSIONER

Annexure A

[1] AE520829; [2023] FWCA 2247.

Printed by authority of the Commonwealth Government Printer

<AE520829  PR764500>