Best & Less Pty Ltd

[2025] FWCA 1419

[2025] FWCA 1419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Best & Less Pty Ltd

(AG2025/1129)

BEST & LESS LOGISTICS ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER SLOAN	SYDNEY, 1 MAY 2025

Application for approval of the Best & Less Logistics Enterprise Agreement 2025

1. Best & Less Pty Ltd has applied for approval of an enterprise agreement known as the Best & Less Logistics Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.

3. Some terms of the Agreement might be read as being inconsistent with, and less beneficial to employees than, the National Employment Standards. That is:

4. Clause 6.2 appears to limit compassionate leave to circumstances in which a member of an employee’s immediate family or their household dies. This does not reflect all of the “permissible occasions” in which compassionate leave may be taken under section 104(1) of the Act. In particular, the clause does not contemplate compassionate leave in the event that a child is stillborn or where the employee, or the employee’s spouse or de facto partner, has a miscarriage, as provided for in sections 104(1)(b) and (c) of the Act.

1. Clause 6.3 appears to exclude casual employees from any entitlement to Family and Domestic Violence Leave, contrary to section 106A of the Act.

2. Clause 7.1(b) provides that if an employee fails to give the required period of notice of termination, Best & Less “may withhold up to one week of notice from the team member’s final pay (not including annual leave payments)”. On its face, the clause appears to allow Best & Less to withhold monies owing to the employee under the NES, such as accrued long service leave

1. Having noted these issues, I observe that clause 1.1(f) of the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that the provisions to which I have referred are not applied in a manner contrary to the NES. In raising the issues, it is my intention to ensure that this is the case.

2. Clause 7.9 of the Agreement is titled “Union Rights”. Clause 7.9(a) provides that “Clause 29A of the Storage Services and Wholesale Award 2020 applies, as amended from time to time”. For an abundance of caution, in accordance with section 205A(2) of the Act, clause 29A of the Award is taken to be a term of the Agreement.

3. Having regard to the matters I have referred to, and the material filed in respect of the application, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

4. The UWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the UWU.

5. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 8 May 2025. The nominal expiry date of the Agreement is 1 May 2028.

COMMISSIONER

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