BFB Pty Ltd
[2022] FWCA 3054
•8 SEPTEMBER 2022
| [2022] FWCA 3054 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BFB Pty Ltd
(AG2022/3504)
Transport Workers’ Union and BFB Pty Ltd Fair Work Agreement 2022-2026
| Road transport industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 8 SEPTEMBER 2022 |
Application for approval of the Transport Workers’ Union and BFB Pty Ltd Fair Work Agreement 2022-2026
An application has been made for approval of an enterprise agreement known as the Transport Workers’ Union and BFB Pty Ltd Fair Work Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BFB Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The application was not lodged within 14 days after the agreement was made. The Employer has provided an explanation for the delay and requested an extension of time. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date it was actually made.
The Employer has provided a written undertaking. A copy of the undertaking 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 the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Subject to the undertaking 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.
I note that the provisions at clause 22 (Compassionate Leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notices 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 organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2022. The nominal expiry date of the Agreement is 7 September 2026.
DEPUTY PRESIDENT
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Annexure A
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