BFS Coffs Harbour Pty Limited T/A Bidvest Coffs Harbour

Case

[2016] FWCA 7997

8 NOVEMBER 2016

No judgment structure available for this case.

[2016] FWCA 7997
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

BFS Coffs Harbour Pty Limited T/A Bidvest Coffs Harbour
(AG2016/4302)

BIDVEST COFFS HARBOUR - ENTERPRISE AGREEMENT 2015

Storage services

COMMISSIONER LEE

MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Bidvest Coffs Harbour - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Coffs Harbour - Enterprise Agreement 2015 (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 T/A Bidvest Coffs Harbour. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

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Annexure A

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