Blue Mountains Food Co-Operative Ltd

[2013] FWCA 6172

[2013] FWCA 6172

FAIR WORK COMMISSION

DECISION

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

Blue Mountains Food Co-Operative Ltd
(AG2013/7558)

BLUE MOUNTAINS FOOD CO-OP ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER BULL	SYDNEY, 27 AUGUST 2013

Application for approval of the Blue Mountains Food Co-op Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Blue Mountains Food Co-op Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Ordinary hours of work

[2] The Commission notes that the Agreement provides for ordinary hours of work at Part 4 - Working hours, and in particular, sub clause 4.1 that are greater than the ordinary hours of work provided for in the General Retail Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test.

[3] The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has provided a number of indicative rosters and advised that the rates of pay in the Agreement are significantly higher, and compensate for the additional increase in the span of ordinary working hours. I am satisfied that the increase in the ordinary span of hours satisfies the better off overall test.

Model Flexibility Term

[4] The Agreement does not contain a flexibility clause. The Applicant has requested that the Model Flexibility Term be adopted as a term of the Agreement. Pursuant to s.202(4) of the Act, the Model Flexibility Term, as found at Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

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

[6] The Shop, Distributive and Allied Employees Association 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 this organisation.

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 3 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A

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