Bfs Coffs Harbour Pty Limited T/A Bidfood Coffs Harbour
[2022] FWCA 438
•10 FEBRUARY 2022
| [2022] FWCA 438 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bfs Coffs Harbour Pty Limited T/A Bidfood Coffs Harbour
(AG2021/8592)
Bidfood Coffs Harbour – Enterprise Agreement 2021
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 10 FEBRUARY 2022 |
Application for approval of the Bidfood Coffs Harbour - Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Bidfood Coffs Harbour - 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 BFS Coffs Harbour Pty Limited. 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.
I note that the Agreement contains an NES precedence clause at cl. 1.3.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The United Workers’ Union being a bargaining representative for the Agreement, has 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 organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 1 November 2024
DEPUTY PRESIDENT
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ANNEXURE A
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