Bianchini (Newton) Pty Ltd T/A Tony & Mark's Fruit and Veg

[2013] FWCA 4116

[2013] FWCA 4116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bianchini (Newton) Pty Ltd T/A Tony & Mark's Fruit and Veg
(AG2013/1465)

BIANCHINI (NEWTON) PTY LTD ENTERPRISE AGREEMENT 2013

Retail industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 JUNE 2013

Application for approval of the Bianchini (Newton) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bianchini (Newton) Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bianchini (Newton) Pty Ltd T/A Tony & Mark’s Fruit and Veg. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“1. The employer will review in 12 months time and on cessation of employment the working pattern of the Employees to ensure that they are not disadvantaged by the agreement in relation to the Better Off Overall Test (“BOOT”). Should it be found that an Employee(s) has been disadvantaged, the Employer will take corrective action immediately or, as soon as is practicably possible to meet its BOOT obligations.

2. Clause 30.3 - All Employees will be rostered for work evenly over the 7 days including penalty rate periods and non penalty rate periods. The Employer undertakes not to roster Employees in predominately penalty shifts but to spread the rostered hours as evenly as practicable between all Employees.

3. Clause 30.8 - Should an Employee be required to work more than one Public Holidays per year that Employee will be paid at the Award public holiday rate for those Public Holidays worked in excess of the one Public Holiday referred to in the agreement.

4. A copy of all the undertakings provided in this matter will be displayed with the approved Agreement and provided along with the Agreement whenever a copy of the agreement is provided or displayed.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2013. The nominal expiry date of the Agreement is 3 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE402005  PR538212>