Bon Food Pty Ltd

[2013] FWCA 2343

[2013] FWCA 2343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bon Food Pty Ltd
(AG2013/5840)

BON FOOD PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013-2016

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 17 APRIL 2013

Application for approval of the Bon Food Pty Ltd and National Union of Workers Enterprise Agreement 2013-2016.

[1] An application has been made for the approval of an enterprise agreement known as the Bon Food Pty Ltd and National Union of Workers Enterprise Agreement 2013-2016 (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.

[2] It is noted that clause 31.13 of the Agreement provides where there is any inconsistency between the National Employment Standards and the Agreement, the provision more beneficial to employees prevails. It would seem that this will ensure that the payment of annual leave upon termination will include leave loading (see s.90(2) of the Act) and that payment in respect of public holidays will be in accordance with the Act (see ss.114-116).

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

[4] 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) of the Act, I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 1 January 2016.

SENIOR DEPUTY PRESIDENT

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