Bega Dairy and Drinks Pty Ltd
[2024] FWCA 3012
•16 AUGUST 2024
| [2024] FWCA 3012 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bega Dairy and Drinks Pty Ltd
(AG2024/2801)
BEGA NSW LOGISTICS DEPOTS ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 16 AUGUST 2024 |
Application for approval of the Bega NSW Logistics Depots Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Bega NSW Logistics Depots Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bega Dairy and Drinks Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 9 August 2024. 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 Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2024. The nominal expiry date of the Agreement is 1 July 2027.
DEPUTY PRESIDENT
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Annexure A
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