Best & Less Pty Ltd T/A Best & Less
[2022] FWCA 1072
•29 MARCH 2022
| [2022] FWCA 1072 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Best & Less Pty Ltd T/A Best & Less
(AG2022/26)
Best & Less Logistics Enterprise Agreement 2021
| Retail industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 29 MARCH 2022 |
Application for approval of the Best & Less Logistics Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Best & Less Logistics Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Best & Less Pty Ltd T/A Best & Less. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement lodged contained errors at clauses 4.3(a)(i), 4.5, 4.5(e), 4.6(c), 4.6(g)(i), 5.1(e), 6.1(g) and 7.4(h)(ii). On 28 February 2022, the Applicant filed a request for the Agreement to be amended pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
I note that the Agreement contains a NES precedence clause at cl. 1.1(f) and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.
The Shop, Distributive and Allied Employees Association (SDA) and the United Workers’ Union (UWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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