BIC Australia Pty Ltd

[2024] FWCA 3614

[2024] FWCA 3614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

BIC Australia Pty Ltd

(AG2024/3647)

Storage services
COMMISSIONER REDFORD	MELBOURNE, 16 OCTOBER 2024

Application for approval of the BIC Australia Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the BIC Australia Pty Ltd Enterprise Agreement 2024(the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by BIC Australia Pty Ltd (BIC Australia). 

2. I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters set out in ss 193A(2) – (7).  

3. Noting clause 5.1 of the Agreement (the NES precedence clause), I am satisfied that to the extent the Agreement is less favourable than the National Employment Standards (NES), the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the agreement and the NES. On this basis, I am satisfied that the any apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement including:

(a)Clause 34 of the Agreement, which deals with public holidays, does not expressly provide for an entitlement for employees to be absent from work on a public holiday, within the meaning of s 114(1) of the Act. On the basis of the NES precedence undertaking, the superior entitlement provided for in the NES will apply. 

1. The United Workers Union (UWU), a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants to the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the UWU.

2. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 October 2024. 

COMMISSIONER

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